Common use of Permitted Exceptions Clause in Contracts

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any matter disclosed in this Agreement (including all exhibits); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 2 contracts

Samples: Agreement to Purchase, Agreement to Purchase

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Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); and (n) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except liensLiens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 2 contracts

Samples: Agreement to Purchase, Agreement to Purchase

Permitted Exceptions. As between Buyer Xxxxx and Seller, Xxxxx agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if anyLiens) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Propertyrecord; and (lk) all matters (except liens, if anyLiens) listed, disclosed or described in the Preliminary Title Evidence; and (l) the Applicable Property Tax Covenant(s), whether or not referring to a recorded instrumentas defined below.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept the title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities utilities, drains and drainslevees; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) any variation between a deeded boundary line and a fence line, field line, ditch line line, irrigation circle or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to the Minerals; (h) any recorded oil and/or oil, gas or mineral lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use of water, and/or pertaining to drainage and/or levee(s), which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) any matter disclosed in this Agreement (including all exhibitsExhibit B); (jk) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record, including but not limited to matters appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded active oil and/or and gas lease, whether active or notlease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any rights to use the surface of the land as are incidental to the ownership of severed Minerals by Seller or any other third party, according to applicable law, any instrument of record and/or, if applicable, the Surface Use Agreement described in Exhibit D; (j) any matter disclosed in this Agreement (including all exhibitsExhibit B and, if applicable, Exhibit D); and (jk) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and and/or disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if anyLiens) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Propertyrecord; and (lk) all matters (except liens, if anyLiens) listed, disclosed or described in the Preliminary Title Evidence; and (l) the Applicable Property Tax Covenant(s), whether or not referring to a recorded instrumentas defined below.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); and (n) if this purchase includes Tract 5 and/or Tract 6, all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except liensLiens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, the Final Title Commitment, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (j) easements, conditions, restrictions, reservations and/or other matters (except liensLiens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Propertyrecord; and (lk) all matters (except liensLiens, if any) listed, disclosed or described as exceptions in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsExhibit B); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if anyLiens) appearing of record record; and disclosed, identified or listed as exceptions (k) all other matters (except Liens) referenced in the Preliminary Title Evidence; (k. “Liens” refers to any mortgage(s) environmental matters and/or other monetary lien(s) affecting the Property; Property other than a lien for Taxes not yet due and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentpayable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsExhibit B); and (j) easementsany right of way, conditionseasement, restrictionscondition, reservations covenant, restriction and/or other matters (except liens, if any) reservation appearing of record and disclosed, identified or listed as exceptions referenced in the Preliminary Title Evidence; provided, however, the Permitted Exceptions do not include (kand Buyer is not required to take title subject to) environmental matters any Liens. “Liens” refers to any mortgage(s), judgment lien(s) and/or other monetary lien(s) affecting the Property; Property other than a lien for Taxes not yet due and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentpayable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer Xxxxx and Seller, Xxxxx agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded active oil and/or and gas lease, whether active or notlease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any rights to use the surface of the land as are incidental to the ownership of severed Minerals by Seller or any other third party, according to applicable law, any instrument of record and/or, if applicable, the Surface Use Agreement described in Exhibit D; (j) any matter disclosed in this Agreement (including all exhibitsExhibit B and, if applicable, Exhibit D); and (jk) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and and/or disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); (n) undivided interests; (o) ingress and egress limitations; and (p) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except liensLiens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (j) easements, conditions, restrictions, reservations and/or other matters (except liensLiens, if any) appearing of record and disclosedrecord; (k) all matters (except Liens, identified or listed as exceptions if any) referenced in the Preliminary Title Evidence; (kl) environmental matters affecting if this purchase includes Tract 8, the PropertyTract 8 Life Estate; and (lm) all matters if this purchase includes any of Tracts 1 - 6, the 2020 Farm Lease (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentdefined below).

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and SellerReceiver, Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if anyLiens) appearing of record record; and disclosed, identified or listed as exceptions (k) all matters (except Liens) referenced in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (j) easements, conditions, restrictions, reservations and/or other matters (except liensLiens, if any) appearing of record and disclosedrecord; (k) all matters (except Liens, identified or listed as exceptions if any) referenced in the Preliminary Title Evidence; (kl) environmental matters affecting if this purchase includes Tract 8, the PropertyTract 8 Life Estate; and (lm) all matters if this purchase includes any of Tracts 1 - 6, the 2020 Farm Lease (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentdefined below).

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Mineralsminerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits and addenda incorporated herein); (j) any easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liensLiens, if any) listed, shown, described, identified, or otherwise disclosed or described in the Preliminary Title EvidenceEvidence and/or 2018 Survey; and (k) if this purchase includes Tract 1, whether or not referring to a recorded instrumentthe Assumed Agreements.

Appears in 1 contract

Samples: Agreement to Purchase

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Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any title insurance the survey, and any survey Additional Title Evidence subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxesproperty taxes and/or assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (Agreement, including all exhibits)Addendum A; (j) easements, conditions, restrictions, reservations and/or other matters (except liensLiens, if any) appearing of record and disclosedlisted, identified or listed described as exceptions in the Preliminary Title Evidence; and (k) environmental matters affecting the Property; and (l) all matters (except liensLiens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsExhibit B); and (j) easementsany right of way, conditionseasement, restrictionscondition, reservations covenant, restriction and/or other matters (except liens, if any) reservation appearing of record and disclosed, identified or listed as exceptions referenced in the Preliminary Title Evidence; provided, however, the Permitted Exceptions do not include (kand Buyer is not required to take title subject to) environmental matters any Liens. “Liens” refers to any mortgage(s), judgment lien(s) and/or other monetary lien(s) affecting the Property; Property other than a lien for Taxes not yet due and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentpayable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsExhibit B); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if anyLiens) appearing of record record; and disclosed, identified or listed as exceptions (k) all other matters (except Liens) referenced in the Preliminary Title Evidence; (k. “Liens” refers to any mortgage(s) environmental matters and/or other monetary lien(s) affecting the Property; Property other than a lien for Taxes not yet due and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentpayable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (ai) existing roads, public utilities and drains; (bii) visible and/or apparent uses and easements; (ciii) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (div) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (ev) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (fvi) local ordinances and zoning laws; (gvii) any outstanding reservations, severances and/or other rights with respect to Minerals; (hviii) any recorded oil and/or gas lease, whether active or not; (iix) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits incorporated herein); (jx) easements, conditions, restrictions, reservations and/or other matters (except liensLiens, if any) appearing of record record; and disclosed(xi) all matters (except Liens, identified or listed as exceptions if any) referenced in the Preliminary Title Evidence; (k. “Liens” refers to any mortgage(s) environmental matters and/or other monetary lien(s) affecting the Property; Property other than a lien for Taxes not yet due and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentpayable.

Appears in 1 contract

Samples: Form of Agreement

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept the title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities utilities, drains and drainslevees; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) any variation between a deeded boundary line and a fence line, field line, ditch line line, irrigation circle or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to the Minerals; (h) any recorded oil and/or oil, gas or mineral lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use of water, and/or pertaining to drainage and/or levee(s), which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) any matter disclosed in this Agreement (including all exhibitsExhibit B); (jk) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record, including but not limited to matters appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any matter disclosed in this Agreement (including all exhibits); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except liensXxxxx, if any) appearing of record record; and disclosed(k) all matters (except Liens, if any) referenced, listed, identified or listed as exceptions shown in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Seller, Xxxxx Buyer agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (ai) existing roads, public utilities and drains; (bii) visible and/or apparent uses and easements; (ciii) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (div) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (ev) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (fvi) local ordinances and zoning laws; (gvii) any outstanding reservations, severances and/or other rights with respect to Minerals; (hviii) any recorded oil and/or gas lease, whether active or not; (iix) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsthe exhibits incorporated herein); (jx) easements, conditions, restrictions, reservations and/or other matters (except liensLiens, if any) appearing of record record; and disclosed(xi) all matters (except Liens, identified or listed as exceptions if any) referenced in the Preliminary Title Evidence; (k. “Liens” refers to any mortgage(s) environmental matters and/or other monetary lien(s) affecting the Property; Property other than a lien for Taxes not yet due and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrumentpayable.

Appears in 1 contract

Samples: Form of Agreement

Permitted Exceptions. As between Buyer Xxxxx and SellerXxxxxx, Xxxxx agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including all exhibitsAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); and (n) if this purchase includes Tract 5 and/or Tract 6, all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except liensLiens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

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