Common use of Required Title Condition Clause in Contracts

Required Title Condition. Title to the Property shall be conveyed to Buyer subject only to the following matters: (i) current, non-delinquent real estate taxes and assessments, (ii) the matters set forth in the Preliminary Report and permitted by Buyer as part of the Title Policy (as defined below), and (iii) any other matters deemed acceptable to Buyer pursuant to Sections 2.2 or 2.3 or approved in writing by Buyer in Buyer’s reasonable discretion (collectively, the “Required Title Condition”). Notwithstanding anything contained in this Agreement to the contrary, Seller shall be obligated, at its sole cost and expense, to satisfy at or prior to Closing all monetary encumbrances affecting the Property evidenced by deeds of trust, tax liens, judgments, mechanics’ liens, or other liens or charges in a fixed sum, and Seller authorizes the use of the Purchase Price or a portion thereof to pay and discharge the same at Closing.

Appears in 4 contracts

Samples: Purchase and Sale Agreement and Escrow Instructions (Grubb & Ellis Healthcare REIT II, Inc.), Purchase and Sale Agreement and Escrow Instructions (Grubb & Ellis Healthcare REIT II, Inc.), Purchase and Sale Agreement and Escrow Instructions (Grubb & Ellis Healthcare REIT II, Inc.)

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Required Title Condition. Title to the Property shall be conveyed to Buyer subject only to the following matters: (i) current, non-delinquent real estate taxes and assessments, ; (ii) the matters set forth in the Preliminary Report and permitted by Buyer Buyer, in Buyer’s sole and absolute discretion, as part of the Title Policy (as defined below), ; and (iii) any other matters deemed acceptable to Buyer pursuant to Sections 2.2 or 2.3 or approved in writing by Buyer Buyer, in Buyer’s reasonable sole and absolute discretion (collectively, the “Required Title Condition”). Notwithstanding anything contained in this Agreement Section 2.2 to the contrary, Seller shall be obligated, at its sole cost and expense, to satisfy satisfy, at or prior to Closing Closing, all monetary encumbrances affecting the Property evidenced by deeds of trust, tax liens, judgments, mechanics’ liens, or liens and/or other liens or charges in a fixed sum, and Seller authorizes the use of the Purchase Price or a portion thereof to pay and discharge the same at Closing.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)

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Required Title Condition. Title to the Property shall be conveyed to Buyer subject only to the following matters: (ia) current, non-delinquent real estate taxes and assessments, (iib) the matters set forth in the Preliminary Report and permitted by Buyer Buyer, in Buyer’s sole and absolute discretion, as part of the Title Policy (as defined below), (c) any matter that would be shown by a current accurate survey or physical inspection of the Real Property, (d) building and zoning laws (e) taxes and assessments not yet due and payable, (f) the items listed on the attached Exhibit “G”, and (iiig) any other matters deemed acceptable to Buyer pursuant to Sections 2.2 or 2.3 or approved in writing by Buyer in Buyer’s reasonable sole and absolute discretion (collectively, the “Required Title Condition”). Notwithstanding anything contained in this Agreement Section 2.2 to the contrary, Seller shall be obligated, at its sole cost and expense, to satisfy at or prior to Closing all monetary encumbrances affecting effecting the Property evidenced by deeds of trust, tax liens, judgments, mechanics’ liens, or other liens or charges in a fixed sum, and Seller authorizes the use of the Purchase Price or a portion thereof to pay and discharge the same at Closing.

Appears in 1 contract

Samples: Real Estate Purchase Agreement and Escrow Instructions (Grubb & Ellis Healthcare REIT II, Inc.)

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