Common use of Title Affidavits Clause in Contracts

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.

Appears in 12 contracts

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Equity Resource Group Inc Et Al), Purchase and Sale Agreement (Berkshire Income Realty Inc)

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Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy policies all exceptions for (i) parties in possession claiming through Sellers, the Company or their respective Subsidiaries other than under the rights to possession granted under the Leases and the Third Party Leases, ; and (ii) mechanics’ liensliens relating to work commissioned by Sellers, the Company or their respective Subsidiaries prior to the Closing and (iii) in such other affidavits as the event Buyer elects Title Insurer may reasonably require to purchase issue a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsementsif available.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Gaming & Leisure Properties, Inc.), Membership Interest Purchase Agreement (OCM HoldCo, LLC), Membership Interest Purchase Agreement (Gaming & Leisure Properties, Inc.)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics' liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Krupp Associates 1980-1), Purchase and Sale Agreement (Krupp Realty LTD Partnership Vii)

Title Affidavits. Such affidavits affidavits, duly executed by Seller, as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics' liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Krupp Realty LTD Partnership Vii), Purchase and Sale Agreement (Krupp Realty LTD Partnership Iv)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer Company may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a "Fairways" endorsement, any affidavits reasonably required by the title company to issue such endorsements, and a Gap Indemnity.

Appears in 1 contract

Samples: Agreement of Sale (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy the New Title Policies all exceptions for (i) parties in possession claiming through Seller, the Companies or their respective Subsidiaries other than under the rights to possession granted under the Leases, (ii) mechanics’ liens, Third Party Leases and (iii) in such other affidavits as the event Buyer elects Title Insurer may reasonably require to purchase issue a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsementsfor each New Title Policy.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Boyd Gaming Corp)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; (ii) mechanics' liens, ; and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits affidavit reasonably required by the title company to issue such endorsementsendorsement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Krupp Realty LTD Partnership Iv)

Title Affidavits. Such affidavits as the Title Insurer Company may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, (ii) mechanics' liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a "Fairways" endorsement, any affidavits reasonably required by the title company Title Company to issue such endorsements, along with a Gap Indemnity.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy policies all exceptions for (i) parties in possession claiming through Sellers, the Company or their respective Subsidiaries other than under the rights to possession granted under the Leases and the Third Party Leases, ; and (ii) mechanics’ liensliens relating to work commissioned by Sellers, the Company or their respective Subsidiaries prior to the Closing and (iii) in such other affidavits as the event Buyer elects Title Insurer may reasonably require to purchase issue a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.if available. (k)

Appears in 1 contract

Samples: Membership Interest Purchase Agreement

Title Affidavits. Such affidavits as the Title Insurer Company may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics' liens, and (iii) in the event Buyer elects to purchase as well as a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsementsGap Indemnity Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Historic Preservation Properties 1989 Limited Partnership)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions requirements and exceptions, other than Permitted Exceptions, for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

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Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy policies all exceptions exceptions, other than Permitted Exceptions, for (i) parties in possession other than under the rights to possession granted under the applicable Leases, ; and (ii) mechanics’ liens, including an affidavit substantially similar to the form attached as Schedule 9.01(d) attached hereto and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required incorporated herein by the title company to issue such endorsementsreference.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions exceptions, other than Permitted Exceptions, for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase provide a non-imputation endorsement or to its title insurance policy, as well as a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsementsGap Indemnity Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions exceptions, other than Permitted Exceptions, for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy for the subject Property all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics' liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably . If required by the Title Insurer, a so-called gap indemnity in form reasonably acceptable to Seller covering title company to issue such endorsementsmatters recorded by, through or under Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Brookdale Senior Living Inc.)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions exceptions, other than Permitted Exceptions, for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) a gap indemnity agreement in a form acceptable to the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsementsTitle Company.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer Company may reasonably require in order to omit from its title insurance policy all exceptions for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase as well as a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsementsGap Indemnity Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

Title Affidavits. Such affidavits as the Title Insurer may reasonably require in order to omit from its title insurance policy all exceptions exceptions, other than Permitted Exceptions, for (i) parties in possession other than under the rights to possession granted under the Leases, ; and (ii) mechanics’ liens, and (iii) in the event Buyer elects to purchase a non-imputation endorsement or a “Fairways” endorsement, any affidavits reasonably required by the title company to issue such endorsements.form attached hereto as Exhibit H.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

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