Seller’s Deliveries to Escrow. At or before the Closing, Seller shall deliver to the Title Company, in escrow, the following, in each case as to each Property:
(i) a duly executed and acknowledged Deed;
(ii) a duly executed Assignment of Leases;
(iii) a duly executed Xxxx of Sale;
(iv) a duly executed Assignment of Contracts;
(v) a FIRPTA affidavit (in the form attached as Exhibit E) pursuant to Section 1445(b)(2) of the Internal Revenue Code of 1986 (the code ), and on which Buyer is entitled to rely, that Seller is not a foreign person within the meaning of Section 1445(f)(3) of the Internal Revenue Code, and any equivalents required by the states in which the property is located; and
(vi) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
Seller’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Seller shall deliver or cause the following items (the original of each in form and substance acceptable to Buyer) to be delivered to Escrow Holder:
Seller’s Deliveries to Escrow. At or before the Closing, Seller shall deliver to the Title Company, in escrow, the following:
(i) the duly executed and acknowledged Deed;
(ii) a duly executed Assignment of Leases;
(iii) a duly executed Xxxx of Sale;
(iv) a duly executed Assignment of Contracts;
(v) a FIRPTA affidavit (in the form attached as Exhibit E) pursuant to Section 1445(b)(2) of the Internal Revenue Code of 1986, and on which Buyer is entitled to rely, that Seller is not a foreign person within the meaning of Section 1445(f)(3) of the Internal Revenue Code, and any equivalents required by the states in which the Property is located; and
(vi) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
Seller’s Deliveries to Escrow. Seller shall, on or before the Closing, deliver to Escrow Agent the following documents (collectively, the "Seller's Closing Documents"):
A) the Deed, in the form attached hereto as Exhibit I, executed and duly acknowledged by Seller and acceptable for recording.
B) the Xxxx of Sale and Assignment, duly executed by the Seller in the form attached hereto as Exhibit F conveying all of Seller's right, title and interest in and to any and all Personal Property, Intangible Personal Property and any assignable warranties or permits (however, any assignment of warranties shall nonetheless reserve for Seller's benefit the right to enforce such warranties, in conjunction with the limited construction warranty provided herein by Seller).
C) the original Leases (including all amendments), permits, warranties and Building Plans.
D) a counterpart original of Assignment and Assumption of Leases, duly signed and acknowledged by Seller in a form attached hereto as Exhibit E.
E) such evidence or documents as may be reasonably required by the title company evidencing the status and capacity of Seller and the authority of the person or persons who are executing the various documents on behalf of the Seller in connection with the sale of the Property.
F) a copy of the Certification of Non-Foreign Status in the form attached hereto as Exhibit H, executed by Seller.
G) a letter to all Tenants in the form attached hereto as Exhibit G (the "Tenant Notification Letter") duly executed by Seller (which shall be dated by the Escrow Agent as of the date of Closing).
H) original Certificates of Occupancy for all buildings which are part of the Real Property.
I) a proposed settlement statement (for Purchaser's review and approval) which allocates rental income and any expenses to be prorated.
J) a written statement from Seller disclosing the amount of security deposits, the date for which rent has been paid by each Tenant, and any rent or other receivables due from each Tenant.
Seller’s Deliveries to Escrow. At or before the Closing, Seller shall deliver to the Escrow Holder, in escrow, the following:
(i) the duly executed and acknowledged Deed;
(ii) a duly executed Assignment of Lease;
(iii) a duly executed Assignment and Assumption of Warranties and other General Intangibles;
(iv) a FIRPTA affidavit (in the form attached as Exhibit D) pursuant to Section 1445(b)(2) of the Internal Revenue Code of 1986, and on which Buyer is entitled to rely, that Seller is not a foreign person within the meaning of Section 1445(f)(3) of the Internal Revenue Code, and any equivalents required by the state in which the Property is located;
(v) an owner’s title affidavit in the form attached hereto as Exhibit F, duly executed by Seller;
(vi) a settlement statement approved and signed on behalf of Seller; and
(vii) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
Seller’s Deliveries to Escrow. Seller shall deliver the following instruments to Escrow Agent at least one (1) Business Day prior to the Closing Date:
7.1.1 Grant Deed. A grant deed in the form attached hereto as Exhibit G ("Grant Deed") conveying the Real Property to Purchaser, executed and acknowledged by Seller.
Seller’s Deliveries to Escrow. At or before the Closing, Seller shall deliver to the Title Company, in escrow, the following:
(i) the duly executed and acknowledged Deed;
(ii) a duly executed Assignment of Leases;
(iii) a duly executed Xxxx of Sale;
(iv) a duly executed Assignment of Service Contracts and Warranties;
(v) a FIRPTA affidavit (in the form attached as Exhibit E) pursuant to Section 1445(b)(2) of the Internal Revenue Code of 1986, and on which Buyer is entitled to rely, that Seller is not a foreign person within the meaning of Section 1445(f)(3) of the Internal Revenue Code, and any equivalents required by the state in which the Property is located;
(vi) originals of the Leases;
(vii) such documentation as the Title Company reasonably requests evidencing Seller’s power and authority to consummate the transactions under this Agreement; and
(viii) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
Seller’s Deliveries to Escrow. Seller shall, on or before two (2) business days before the Closing, deliver or cause to be delivered to Escrow Agent:
A) the Deed, executed and duly acknowledged by Seller and acceptable for recording;
B) such evidence or documents as may be reasonably required by the Purchaser or the title company evidencing the status and capacity of Seller and the authority of the person or persons who are executing the various documents on behalf of the Seller in connection with the sale of the Land;
C) a Federal and California Certification of Non-Foreign Status executed by Seller;
D) a full reconveyance of the Deed of Trust (the "FULL RECONVEYANCE"); and
E) an executed counterpart of the Lease Termination Agreement in recordable form.
Seller’s Deliveries to Escrow any other instruments, records or correspondence called for hereunder which have not previously been delivered.
Seller’s Deliveries to Escrow. Seller shall deliver to Escrow prior to the Closing Date: an Assignment of Lease and Assumption of Obligations in recordable form, conveying title to the Lease, with special warranty of title (the "ASSIGNMENT OF LEASE"); a deed in recordable form and with special warranty of title, conveying title to the Improvements, Appurtenances and all other real property portions of the Property (the "Deed"); and an Assignment of Leases, Contract Rights and Intangibles/Xxxx of Sale from Seller to Buyer conveying title to the Personal Property, Contracts, Licenses, Inventory and other tangible and intangible assets relating to, or a part of, the Property, Assignment of Space Lease, each of which documents shall be duly executed and acknowledged by Seller and in form and substance reasonably satisfactory to Buyer and Seller and such other documents as are reasonably required by Buyer.
