Common use of Title and Survey Defects Clause in Contracts

Title and Survey Defects. Buyer shall have ten (10) days from the receipt of the Title Commitment and copies of documents constituting exceptions to title and the Survey to examine the same and to specify to Seller in writing any matters which Xxxxx finds objectionable (the “Encumbrances”). Seller shall have thirty (30) days to cure or remove all Encumbrances at its cost and expense. If Seller fails to cause all the Encumbrances to be removed within such 30-day period or if Seller notifies Buyer of its decision not to cure or remove some or all of the Encumbrances, Buyer’s remedy shall be to: (i) Terminate this Agreement by giving Seller written notice thereof; (ii) Agree to extend additional time to Seller to cure or remove all Encumbrances; or (iii) Elect to purchase the Property subject to the Encumbrances and the Encumbrances not so removed or cured shall be deemed Permitted Exceptions and the Purchase Price shall not be reduced by any amount.

Appears in 3 contracts

Samples: Real Estate Purchase Contract, Real Estate Purchase Contract, Real Estate Purchase Contract

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Title and Survey Defects. Buyer shall have ten (10) days from the receipt of the Title Commitment and copies of documents constituting exceptions to title and the Survey to examine the same and to specify to Seller in writing any matters which Xxxxx Buyer finds objectionable (the “Encumbrances”). Seller shall have thirty (30) days to cure or remove all Encumbrances at its cost and expense. If Seller fails to cause all of the Encumbrances to be removed within such 30-day period or if Seller notifies Buyer of its decision not to cure or remove some or all of the Encumbrances, Buyer’s remedy shall be to: (i) Terminate this Agreement by giving Seller written notice thereof; (ii) Agree to extend additional time to Seller to cure or remove all Encumbrances; or (iii) Elect to purchase the Property subject to the Encumbrances and the Encumbrances not so removed or cured shall be deemed Permitted Exceptions and the Purchase Price shall not be reduced by any amount.

Appears in 1 contract

Samples: Real Estate Purchase Contract

Title and Survey Defects. Buyer shall have ten (10) days from the receipt of the Title Commitment and copies of documents constituting exceptions to title and the Survey to examine the same and to specify to Seller in writing any matters which Xxxxx finds objectionable (the “Encumbrances”). Seller shall have thirty (30) days to cure or remove all Encumbrances at its cost and expense. If Seller fails to cause all of the Encumbrances to be removed within such 30-day period or if Seller notifies Buyer of its decision not to cure or remove some or all of the Encumbrances, BuyerXxxxx’s remedy shall be to: (i) Terminate this Agreement by giving Seller written notice thereof; (ii) Agree to extend additional time to Seller to cure or remove all Encumbrances; or (iii) Elect to purchase the Property subject to the Encumbrances and the Encumbrances not so removed or cured shall be deemed Permitted Exceptions and the Purchase Price shall not be reduced by any amount.

Appears in 1 contract

Samples: Real Estate Purchase Contract

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Title and Survey Defects. Buyer shall have ten (10) days from the receipt of the Title Commitment and copies of documents constituting exceptions to title and the Survey to examine the same and to specify to Seller in writing any matters which Xxxxx finds objectionable (the “Encumbrances”). Seller shall have thirty (30) days to cure or remove all Encumbrances at its cost and expense. If Seller fails to cause all of the Encumbrances to be removed within such 30-day period or if Seller notifies Buyer of its decision not to cure or remove some or all of the Encumbrances, Buyer’s remedy shall be to: (i) Terminate this Agreement by giving Seller written notice thereof; (ii) Agree to extend additional time to Seller to cure or remove all Encumbrances; or (iii) Elect to purchase the Property subject to the Encumbrances and the Encumbrances not so removed or cured shall be deemed Permitted Exceptions and the Purchase Price shall not be reduced by any amount.

Appears in 1 contract

Samples: Real Estate Purchase Contract

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