Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 8 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 8 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 6 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this ContractNo less than fourteen (14) days prior to the Closing Date, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract to Buyer satisfactory evidence of title continued within 30 days before final payment hereunderto the Property which shall be a Commitment for Title Insurance issued by the Title Company, showing the condition of title to the Property (the “Title Commitment”) and committing the company to issue an owner’s policy in the usual form insuring merchantable title of record to said the Property in the Seller or the party who will execute the transactional instrument on SellerBuyer’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois name for the amount of the purchase pricePurchase Price. Seller shall pay The title to the initial title search charge and title insurance premium. Property to be conveyed to Buyer shall pay be free and clear of all liens and encumbrances, subject to the search charge as Permitted Exceptions. Conveyance of title shall be by Warranty Deed. In the event any exceptions or defects appear in the Title Commitment that are unacceptable to Buyer, the cost then Buyer shall notify Seller in writing of mortgageesuch fact. Seller may, at Seller’s title insurance policy, if any, and the cost of all necessary endorsements option undertake to commit to eliminate or modify such unacceptable exceptions to the reasonable satisfaction of Buyer. If Seller is unwilling or unable to commit to cure such objections within five (5) days after Seller's receipt of Buyer's objections, Buyer may either (i) terminate this Agreement by notice in writing to Seller or (ii) accept title insurance policy. subject to such objections Buyer further acknowledges and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy agrees to accept title to the Property subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, general exceptions against title to the Property appearing in the Title Commitment; (b) building, use all real estate taxes and occupancy or restrictions, if any, assessments which do are not unreasonably interfere with Buyer’s intended use due and payable as of the property, Closing Date; (c) restrictions or reservations of any type; (d) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, ; (e) roadways, rights of way, and easements; (f) drainage ditches, feeders and laterals; (g) all outstanding mineral rights or reservations, oil, gas or mineral leases, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, ; (h) rights of tenants in possession if anywater districts, water rights; and (i) matters which can only could be discovered disclosed by a survey of the Property; (collectively, the “Permitted Exceptions”). Buyer or his attorney At the Closing, Seller shall within 10 business days after receiving such title evidence, render payment and deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made requested document to the title. In case such title evidence is not delivered Title Company to cause the Title Commitment to be converted into an Owner's Title Policy in the amount of the Purchase Price showing Buyer or his attorney within a reasonable time, or material objections made to as the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts owner of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedof the Closing Date, subject to the Permitted Exceptions. Seller shall not be required to provide any endorsements to the Owner's Title Policy. The cost of the Owner's Title Policy shall be paid for by Seller.
Appears in 4 contracts
Samples: Contract to Purchase, Contract to Purchase, Contract to Purchase
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 3 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land, assets.bwwsplatform.com
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X DRAFT: Non-Executable _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 3 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land, Real Estate Contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners ALTA Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Title Insurance Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 3 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X xx A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject Subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of or tenants in possession if any, and (i) matters which can only Rights or claims of parties in possession not shown by public records; (j) Existing unrecorded leases and all rights thereunder of the lessees and of any person claiming by, through or under the leases; (k) Rights of the public, State of Illinois, the County, the Township and any Municipality in and to that part of the premises in question taken, used or dedicated for roads and highways; and (l) any encroachment, encumbrance, violation variation, or adverse circumstance affecting the title that would be discovered disclosed by a an accurate and complete land survey of the Propertyland; and (m) easements and claims of easements not shown by the public roads. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 2 contracts
Samples: www.sterlinglandcompany.com, www.sterlinglandcompany.com
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 2 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or DRAFT: Non-Executable X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property, and (j) any standard title exceptions. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 2 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and Any title insurance premium. Buyer shall pay the search charge as company's title binder to Buyerissue, the cost of mortgagee’s after closing, a title insurance policy, if anywas made available to Buyer prior to the auction closing (“Title Work”), and the cost of all necessary endorsements if none then Buyer agrees that it was Buyer’s sole decision and responsibility prior to the auction to obtain any title insurance policybinder or title information (also, “Title Work”), and review and approve the same, and that Buyer agrees to take title subject to any matters that might be excepted to, required or disclosed in a title binder or commitment. This Contract is not contingent on Buyer’s or Buyer’s lender review of any title matters. Additionally, Buyer and Seller shall furnish immediately upon request agrees to take title subject to all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, leviedfollowing that are evidenced of public record, or confirmed after that would be disclosed by survey or inspection of the date hereofProperty: encroachments, (b) buildingrights-of-way, use and occupancy or trees, plantings, fences, easements, restrictions, if anyprotective covenants, which do not unreasonably interfere with Buyer’s intended use of the propertyunmatured special assessments, (c) zoning laws laws, ordinances and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) regulations; rights of tenants in possession and any other leases, and liens, if any; except that at closing Seller is obligated to: (A) pay any amount secured by any mortgage recorded against the Property and cause the mortgage to be released, and (iB) matters which can only be discovered by a survey remove any claim or matter that affects the marketability of title and that Seller caused to first affect the Property after the date of the PropertyTitle Work search. The Seller and Buyer shall each pay one-half the cost of any owner’s title policy insuring up to the purchase price, but Buyer will pay all costs of title policy endorsements. In the event the land is to be used for new construction, the builder/Seller may receive builder discount if any. Buyer or his attorney shall within 10 business days after receiving such pay for any lender's/mortgagee's/Instrument holder's title evidenceinsurance coverage. Should the Seller be unable by closing to perform its obligations pursuant to this Section 17, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shallmay, at Buyer's option and as Buyer’s optionsole and exclusive remedy, be void and all waive such defect or terminate this Contract. If the Buyer elects to terminate, then the xxxxxxx money shall be returned refunded promptly to Buyer. the Buyer may, nevertheless, elect to take such and title as it then isinsurance cancellation fees will be paid by Seller, and may deduct all parties shall be released from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedany further liability hereunder. Any Title Work must be ordered from Kansas Secured Title.
Appears in 2 contracts
Samples: www.langere.com, www.langere.com
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and Any title insurance premium. Buyer shall pay the search charge as company's title binder to Buyerissue, the cost of mortgagee’s after closing, a title insurance policy, if anywas made available to Buyer prior to the auction closing (“Title Work”), and the cost of all necessary endorsements if none then Buyer agrees that it was Buyer’s sole decision and responsibility prior to the auction to obtain any title insurance policybinder or title information (also, “Title Work”), and review and approve the same, and that Buyer agrees to take title subject to any matters that might be excepted to, required or disclosed in a title binder or commitment. This Contract is not contingent on Buyer’s or Buyer’s lender review of any title matters. Additionally, Buyer and Seller shall furnish immediately upon request agrees to take title subject to all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, leviedfollowing that are evidenced of public record, or confirmed after that would be disclosed by survey or inspection of the date hereofProperty: encroachments, (b) buildingrights-of-way, use and occupancy or trees, plantings, fences, easements, restrictions, if anyprotective covenants, which do not unreasonably interfere with Buyer’s intended use of the propertyunmatured special assessments, (c) zoning laws laws, ordinances and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) regulations; rights of tenants in possession and any other leases, and liens, if any; except that at closing Seller is obligated to: (A) pay any amount secured by any mortgage recorded against the Property and cause the mortgage to be released, and (iB) matters which can only be discovered by a survey remove any claim or matter that affects the marketability of title and that Seller caused to first affect the Property after the date of the PropertyTitle Work search. The Seller and Buyer shall each pay one-half the cost of any owner’s title policy insuring up to the purchase price, but Buyer will pay all costs of title policy endorsements. In the event the land is to be used for new construction, the builder/Seller may receive builder discount if any. Buyer or his attorney shall within 10 business days after receiving such pay for any lender's/mortgagee's/Instrument holder's title evidenceinsurance coverage. Should the Seller be unable by closing to perform its obligations pursuant to this Section 15, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shallmay, at Buyer's option and as Buyer’s optionsole and exclusive remedy, be void and all waive such defect or terminate this Contract. If the Buyer elects to terminate, then the xxxxxxx money shall be returned refunded promptly to Buyer. the Buyer may, nevertheless, elect to take such and title as it then isinsurance cancellation fees will be paid by Seller, and may deduct all parties shall be released from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedany further liability hereunder. Any Title Work must be ordered from Kansas Secured Title.
Appears in 2 contracts
Samples: Real Estate Purchase Contract, Real Estate Purchase Contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and Any title insurance premium. Buyer shall pay the search charge as company's title binder to Buyerissue, the cost of mortgagee’s after closing, a title insurance policy, if anywas made available to Buyer prior to the auction closing (“Title Work”), and the cost of all necessary endorsements if none then Buyer agrees that it was Buyer’s sole decision and responsibility prior to the auction to obtain any title insurance policybinder or title information (also, “Title Work”), and review and approve the same, and that Buyer agrees to take title subject to any matters that might be excepted to, required or disclosed in a title binder or commitment. This Contract is not contingent on Buyer’s or Buyer’s lender review of any title matters. Additionally, Buyer and Seller shall furnish immediately upon request agrees to take title subject to all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, leviedfollowing that are evidenced of public record, or confirmed after that would be disclosed by survey or inspection of the date hereofProperty: encroachments, (b) buildingrights-of-way, use and occupancy or trees, plantings, fences, easements, restrictions, if anyprotective covenants, which do not unreasonably interfere with Buyer’s intended use of the propertyunmatured special assessments, (c) zoning laws laws, ordinances and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) regulations; rights of tenants in possession and any other leases, and liens, if any; except that at closing Seller is obligated to: (A) pay any amount secured by any mortgage recorded against the Property and cause the mortgage to be released, and (iB) matters which can only be discovered by a survey remove any claim or matter that affects the marketability of title and that Seller caused to first affect the Property after the date of the PropertyTitle Work search. The Seller and Buyer shall each pay one-half the cost of any owner’s title policy insuring up to the purchase price, but Buyer will pay all costs of title policy endorsements. In the event the land is to be used for new construction, the builder/Seller may receive builder discount if any. Buyer or his attorney shall within 10 business days after receiving such pay for any lender's/mortgagee's/Instrument holder's title evidenceinsurance coverage. Should the Seller be unable by closing to perform its obligations pursuant to this Section 3, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shallmay, at Buyer's option and as Buyer’s optionsole and exclusive remedy, be void and all waive such defect or terminate this Contract. If the Buyer elects to terminate, then the xxxxxxx money shall be returned refunded promptly to Buyer. the Buyer may, nevertheless, elect to take such and title as it then isinsurance cancellation fees will be paid by Seller, and may deduct all parties shall be released from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.any further liability hereunder. Any Title Work must be ordered from Kansas Secured Title
Appears in 2 contracts
Samples: Real Estate Purchase Contract, Real Estate Purchase Contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 2 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on SellerXxxxxx’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. DRAFT: Non-Executable Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 2 contracts
Samples: Purchase Agricultural Land, Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, DRAFT: Non-Executa Seller shall deliver to Buyer or Xxxxx’s attorney within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract customary time limitations as evidence of title continued within 30 days before final payment hereunderin Seller, showing merchantable a title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and for an Owners Title Guaranty Policy ALTA title insurance policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy The title commitment shall be subject only to the following: (a) all taxes and special assessments now a lien, or levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the propertyProperty as agricultural land, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the propertyProperty as agricultural land, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey encroachments shown on the Survey that do not materially interfere with Buyer’s intended use of the PropertyProperty as agricultural land (Collectively, the “Permitted Exceptions”). Buyer or his attorney shall within 10 five (5) business days after receiving such title evidencecommitment and Survey, deliver to Seller or his attorney, together with such evidence, a report written notice specifying survey-related title defects as defined in writing specifying any Section 11 above and unpermitted exceptions to which Buyer objects. Seller shall provide a written response to Xxxxx’s notice of objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable timetime period after receipt and advise whether Seller will cause such unpermitted exceptions or survey-related title defects to be cured, waived, or material objections made insured over before Closing. If Seller cannot cause such unpermitted exceptions or survey-related title defects to the title in such report are not cured with sixty (60) days after such report is so deliveredbe cured, waived, or insured over before Closing, then this Contract shall, at Buyer’s option, be void void, and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of any monetary liens and encumbrances of a definite or ascertainable amount and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Agreement
Title Evidence. check appropriate statement) Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 thirty (30) days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State state of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer Xxxxx, or his attorney attorney, shall within 10 ten (10) business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty within ten (6010) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with BuyerXxxxx’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, and (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material materials objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void voided and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Real Estate Contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X DRAFT: Non-Executable _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall shall, within a reasonable period period, furnish at Seller’s expense: expense (Check mark appropriate statement). ) An abstract of title continued within 30 thirty (30) days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the County Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State state of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 ten (10) business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: s3.amazonaws.com
Title Evidence. Upon acceptance Borrower shall provide to Lender (i) a Commitment for Title Insurance for the issuance of this Contracta lender or mortgagee policy covering the Mortgaged Property, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property a) issued in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according an amount equal to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the maximum principal amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereofLoan, (b) building, use naming Lender as the proposed insured and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of containing only exceptions as are expressly approved in writing by Lender (and all requirements for such commitment shall have been satisfied and the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing premium therefor shall have been paid by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorneyBorrower), together with copies of all documents listed in Schedule (or Part) I and all documents listed in Schedule (or Part) II of the Commitment for Title Insurance, (ii) a proforma loan policy of title insurance complying with the foregoing requirements of Lender, together with proforma endorsements required by Lender, (iii) a Closing Protection Letter from the title insurance company which is to provide a loan policy of title insurance covering Lender’s Mortgage, (iv) an ALTA Loan Policy of Title Insurance 2006, in form and substance acceptable to Lender, issued by a title insurance company acceptable to Lender, evidencing that Borrower has good and marketable fee simple title to the Mortgaged Property and that the Mortgage will constitute a valid first Mortgage on the Mortgaged Property, subject only to those matters described in Exhibit “B” attached to the Mortgage. The loan policy of title insurance shall not include an exception based upon discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which would be disclosed by a proper survey. Any exception based upon mechanics’ and materialmen’s liens shall be expressly limited to the portions of the Mortgaged Property upon which the New Parking Lot, Building 3 and the Gymnasium Expansion are being constructed, and shall not in any event apply to the Building 4 and Parking Garage Property. The loan policy of title insurance must be accompanied by such evidenceendorsements thereto as may be required by Lender or its counsel, including, but not limited to, an access and entry endorsement, a report in writing specifying any objections made to comprehensive endorsement, a contiguity endorsement, an endorsement deleting the titlearbitration provision, an environmental lien endorsement, a subdivision endorsement, a survey endorsement, a variable rate endorsement, and a zoning endorsement. In case such The premiums for the loan policy of title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void insurance and all xxxxxxx money endorsements shall be returned paid by Borrower prior to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from or at the purchase price time of the amounts of liens and encumbrances and, in such case, initial advance under the Seller shall convey the Property as agreedNote.
Appears in 1 contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Real Estate Contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or _X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. DRAFT: Non-Executable Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this ContractNot later than fourteen (14) days following the Effective Date, Seller each party hereto shall within provide the other party with a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and current title insurance premiumcommitment with respect to its respective parcel. Buyer Interstate’s title commitment shall pay be provided by the search charge as to Buyer, the cost of mortgageeTitle Company and HRA’s title insurance policycommitment shall be provided by the Title Company. The cost of the title insurance commitment shall be solely the responsibility of the seller of that Parcel. Subject to Permitted Encumbrances (defined below), if anyeach party shall have the obligation to convey good and marketable title to its respective Parcel, free and clear of mortgages, security interests, easements (other than utility easements in favor of the HRA which do not interfere with proposed improvements to be constructed on the respective parcels) and other matters of record which would materially and adversely affect use of the respective Parcel for its intended use. If either party objects to any title matter disclosed in the respective title insurance commitments, then such party shall notify the other party in writing within fourteen (14) days of receiving the title insurance commitment. The responding seller then shall have fourteen (14) days to respond to the buyer’s title objections. The parties shall negotiate in good faith to resolve any such objections, but neither party shall have the obligation to resolve any objection or incur any cost in connection therewith. If such objection is not resolved within a period of thirty (30) days after the date of written notice of such objection, either party shall have the right, as its sole remedy, to terminate this Agreement by written notice to the other party within 10 days after the expiration of such 30- day period. If the objecting party does not so terminate this Agreement, the objecting party will be deemed to have waived its objection and each such title matter will be a “Permitted Encumbrance”, subject to the following paragraphs in this Section 7. If any matters which render title to a Parcel as being unmarketable are discovered by or reported to buyer on or prior to the date of the Closing which are not shown on the original title commitment, or which were created or came into existence on or after the date of delivery of the original title commitment, buyer shall notify seller in writing of any additional objections to such title defects as soon as reasonably possible, and the cost of all necessary endorsements parties will attempt to resolve any such objections in the title insurance policymanner provided above and the Closing will be delayed as necessary. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lienNotwithstanding anything contrary elsewhere in this Agreement, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer any land use restrictions or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made agreements related to the title. In case such title evidence is Node Project and/or the New Xxxxxx Project (e.g., planned unit development ordinance and agreements, tax increment financing agreement, etc.) will be a Permitted Encumbrance and (ii) any monetary liens of a definite and ascertainable amount, whether voluntary or involuntary created, assumed or otherwise caused by the seller will not delivered to Buyer be a Permitted Encumbrance and must be satisfied by the applicable seller at or his attorney within a reasonable time, or material objections made to before the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedClosing.
Appears in 1 contract
Samples: Land Swap Agreement
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or DRAFT: Non-Executable X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property, and (j) the standard title exceptions. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements and options for easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his its attorney shall within 10 five (5) business days after receiving such title evidence, deliver to Seller or his its attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his its attorney within a reasonable time, or material objections made to the title in such report are not cured with within sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Form of Agreement
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and Any title insurance premium. Buyer shall pay the search charge as company's title binder to Buyerissue, the cost of mortgagee’s after closing, a title insurance policy, if anywas made available to Buyer prior to the auction closing (“Title Work”), and the cost of all necessary endorsements if none then Buyer agrees that it was Buyer’s sole decision and responsibility prior to the auction to obtain any title insurance policybinder or title information (also, “Title Work”), and review and approve the same, and that Buyer agrees to take title subject to any matters that might be excepted to, required or disclosed in a title binder or commitment. This Contract is not contingent on Buyer’s or Buyer’s lender review of any title matters. Additionally, Buyer and Seller shall furnish immediately upon request agrees to take title subject to all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, leviedfollowing that are evidenced of public record, or confirmed after that would be disclosed by survey or inspection of the date hereofProperty: encroachments, (b) buildingrights- of-way, use and occupancy or trees, plantings, fences, easements, restrictions, if anyprotective covenants, which do not unreasonably interfere with Buyer’s intended use of the propertyunmatured special assessments, (c) zoning laws laws, ordinances and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) regulations; rights of tenants in possession and any other leases, and liens, if any; except that at closing Seller is obligated to: (A) pay any amount secured by any mortgage recorded against the Property and cause the mortgage to be released, and (iB) matters which can only be discovered by a survey remove any claim or matter that affects the marketability of title and that Seller caused to first affect the Property after the date of the PropertyTitle Work search. The Seller and Buyer shall each pay one-half the cost of any owner’s title policy insuring up to the purchase price, but Buyer will pay all costs of title policy endorsements. In the event the land is to be used for new construction, the builder/Seller may receive builder discount if any. Buyer or his attorney shall within 10 business days after receiving such pay for any lender's/mortgagee's/Instrument holder's title evidenceinsurance coverage. Should the Seller be unable by closing to perform its obligations pursuant to this Section 3, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shallmay, at Buyer's option and as Buyer’s optionsole and exclusive remedy, be void and all waive such defect or terminate this Contract. If the Buyer elects to terminate, then the xxxxxxx money shall be returned refunded promptly to Buyer. the Buyer may, nevertheless, elect to take such and title as it then isinsurance cancellation fees will be paid by Seller, and may deduct all parties shall be released from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedany further liability hereunder. Any Title Work must be ordered from Kansas Secured Title .
Appears in 1 contract
Title Evidence. Upon acceptance of this ContractNot later than fourteen (14) days following the Effective Date, Seller each party hereto shall within provide the other party with a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and current title insurance premiumcommitment with respect to its respective parcel. Buyer Interstate’s title commitment shall pay be provided by the search charge as to Buyer, the cost of mortgageeTitle Company and HRA’s title insurance policycommitment shall be provided by the Title Company. The cost of the title insurance commitment shall be solely the responsibility of the seller of that Parcel. Subject to Permitted Encumbrances (defined below), if anyeach party shall have the obligation to convey good and marketable title to its respective Parcel, free and clear of mortgages, security interests, easements (other than utility easements in favor of the HRA which do not interfere with proposed improvements to be constructed on the respective parcels) and other matters of record which would materially and adversely affect use of the respective Parcel for its intended use. If either party objects to any title matter disclosed in the respective title insurance commitments, then such party shall notify the other party in writing within fourteen (14) days of receiving the title insurance commitment. The responding seller then shall have fourteen (14) days to respond to the buyer’s title objections. The parties shall negotiate in good faith to resolve any such objections, but neither party shall have the obligation to resolve any objection or incur any cost in connection therewith. If such objection is not resolved within a period of thirty (30) days after the date of written notice of such objection, either party shall have the right, as its sole remedy, to terminate this Agreement by written notice to the other party within 10 days after the expiration of such 30- day period. If the objecting party does not so terminate this Agreement, the objecting party will be deemed to have waived its objection and each such title matter will be a “Permitted Encumbrance”, subject to the following paragraphs in this Section 7. If any matters which render title to a Parcel as being unmarketable are discovered by or reported to buyer on or prior to the date of the Closing which are not shown on the original title commitment, or which were created or came into existence on or after the date of delivery of the original title commitment, buyer shall notify seller in writing of any additional objections to such title defects as soon as reasonably possible, and the cost of all necessary endorsements parties will attempt to resolve any such objections in the title insurance policymanner provided above and the Closing will be delayed as necessary. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lienNotwithstanding anything contrary elsewhere in this Agreement, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer any land use restrictions or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made agreements related to the title. In case such title evidence is Node Project and/or the New Bremer Project (e.g., planned unit development ordinance and agreements, tax increment financing agreement, etc.) will be a Permitted Encumbrance and (ii) any monetary liens of a definite and ascertainable amount, whether voluntary or involuntary created, assumed or otherwise caused by the seller will not delivered to Buyer be a Permitted Encumbrance and must be satisfied by the applicable seller at or his attorney within a reasonable time, or material objections made to before the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedClosing.
Appears in 1 contract
Samples: Land Swap Agreement
Title Evidence. Upon acceptance (a) Seller shall, at Buyer’s sole cost and expense, cause to be issued and delivered to Buyer, within 20 days after the date of this ContractAgreement title commitments for the Real Property (collectively, the “Title Commitment”) issued by (1) with respect to the Real Property in Huron, South Dakota, Huron Title, and (2) with respect to the Real Property in Aberdeen, South Dakota, Title of Dakota (collectively, the “Title Company”), in which Title Company agrees to issue to Buyer a 2006 ALTA Owner’s Title Insurance Policy and Leasehold Title Insurance Policy for with respect to the Real Property with full extended coverage, deleting standard exceptions, including but not limited those general standard exceptions based on (i) mechanics or materialmen’s liens, (ii) matters affecting title that may be disclosed by an accurate survey, and (iii) the rights of parties in possession except tenants in possession, and including endorsements for zoning, survey, owner’s comprehensive, access, minerals, deletion of mandatory arbitration, subdivision, contiguity, tax parcel, environmental lien and any other endorsements reasonably requested by Buyer and such additional affirmative coverage as Buyer may reasonably request (collectively, the “Owner’s Title Policy”). In addition, Seller shall, at Buyer’s sole cost and expense, cause to be issued and delivered to Buyer, within 45 days after the date of this Agreement current ALTA/NSPS surveys (the “Surveys”) of the Real Property. The Title Commitment must be accompanied by copies of all recorded documents affecting the Real Property as reflected in the Title Commitment, and included searches for real estate taxes, pending and levied special assessments, judgments, bankruptcies and state and federal tax liens (collectively, the “Title Documents” and together with the Title Commitment and the Surveys shall within a reasonable period furnish at Seller’s expense: (Check appropriate statementbe collectively referred to as the “Title Evidence”). An abstract of The Owner’s Title Policy insure title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according subject to the Rules Permitted Exceptions (as hereinafter defined) and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements Purchase Price allocated to the title insurance policyReal Property. Buyer and Seller shall furnish immediately upon request all information legally required each pay for financing or transfer one-half of titlethe cost of the premium of the Owner’s Title Policy to be issued at Closing, and Buyer shall pay for the additional cost of any endorsements thereto. Policy subject only Buyer shall pay for the cost of the premium of any Loan Policies of Title Insurance to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere be issued at Closing in connection with Buyer’s intended use of the propertyfinancing, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying including any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedendorsements thereto.
Appears in 1 contract
Title Evidence. Upon acceptance of this Contract, Seller Borrower shall within provide to Lender (i) a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Commitment for Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois Insurance for the amount issuance of a lender or mortgagee policy covering the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to BuyerMortgaged Property, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after issued in an amount equal to the date hereofmaximum principal amount ofthe Loan, (b) building, use naming Lender as the proposed insured and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of containing only exceptions as are expressly approved in writing by Lender (and all requirements for such commitment shall have been satisfied and the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing premium therefor shall have been paid by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorneyBorrower), together with copies of all documents listed in Schedule (or Part) I and all documents listed in Schedule (or Part) II of the Commitment for Title Insurance, (ii) a proforma loan policy of title insurance complying with the foregoing requirements of Lender, together with proforma endorsements required by Lender, (iii) a Closing Protection Letter from the title insurance company which is to provide a loan policy of title insurance covering Lender's Mortgage, (iv) an ALTA Loan Policy of Title Insurance 2006, in form and substance acceptable to Lender, issued by a title insurance company acceptable to Lender, evidencing that Borrower has good and marketable fee simple title to the Mortgaged Property and that the Mortgage will constitute a valid first Mortgage on the Mortgaged Property, subject only to those matters described in Exhibit "B" attached to the Mortgage. The loan policy of title insurance shall not include an exception based upon mechanics' and materialmen's liens, or any exceptions based on discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which would be disclosed by a proper survey. The loan policy of title insurance must be accompanied by such evidenceendorsements thereto as may be required by Lender or its counsel, including, but not limited to, an access and entry endorsement, a report in writing specifying any objections made to comprehensive endorsement, a contiguity endorsement, an endorsement deleting the titlearbitration provision, an environmental lien endorsement, a subdivision endorsement, a survey endorsement, a variable rate endorse ment, and a zoning endorsement. In case such The premiums for the loan policy of title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void insurance and all xxxxxxx money endorsements shall be returned paid by Borrower prior to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from or at the purchase price time of the amounts of liens and encumbrances and, in such case, initial advance under the Seller shall convey the Property as agreedNote.
Appears in 1 contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check expense:(Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X x A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject Subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of or tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 1 contract
Samples: Form of Agreement
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Xxxxx has received a copy of the title insurance commitment prior to auction. Seller shall cause the title insurance commitment to be updated by on or before September 22, 2023 to reflect the Buyer as the proposed insured, or his attorney such other individual or entity which Buyer may select, and to reflect the contract purchase price as the Proposed Policy Amount on the title insurance commitment. Buyer has reviewed the title insurance commitment before bidding. Buyer waives any objection to matters disclosed on the title insurance commitment issued prior to auction. Buyer shall within 10 business days after only be permitted to object to matters which may be added to the title insurance receiving such a revised title evidenceinsurance commitment to, deliver to Seller or his attorney, together with such evidence, attorney a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedthe agreed commitment by revision issued after the date of auction, and in such instance Buyer or his attorney shall within 10 business days after.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). DRAFT: Non-Executable An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. DRAFT: Non-Executable Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and Any title insurance premium. Buyer shall pay the search charge as company's title binder to Buyerissue, the cost of mortgagee’s after closing, a title insurance policy, if anywas made available to Buyer prior to the auction closing (“Title Work”), and the cost of all necessary endorsements if none then Xxxxx agrees that it was Xxxxx’s sole decision and responsibility prior to the auction to obtain any title insurance policybinder or title information (also, “Title Work”), and review and approve the same, and that Xxxxx agrees to take title subject to any matters that might be excepted to, required or disclosed in a title binder or commitment. Buyer and Seller shall furnish immediately upon request This Contract is not contingent on Buyer’s or Xxxxx’s lender review of any title matters. Additionally, Xxxxx agrees to take title subject to all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, leviedfollowing that are evidenced of public record, or confirmed after that would be disclosed by survey or inspection of the date hereofProperty: encroachments, (b) buildingrights-of-way, use and occupancy or trees, plantings, fences, easements, restrictions, if anyprotective covenants, which do not unreasonably interfere with Buyer’s intended use of the propertyunmatured special assessments, (c) zoning laws laws, ordinances and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) regulations; rights of tenants in possession and any other leases, and liens, if any; except that at closing Seller is obligated to: (A) pay any amount secured by any mortgage recorded against the Property and cause the mortgage to be released, and (iB) matters which can only be discovered by a survey remove any claim or matter that affects the marketability of title and that Seller caused to first affect the Property after the date of the PropertyTitle Work search. The Seller and Buyer shall each pay one-half the cost of any owner’s title policy insuring up to the purchase price, but Buyer will pay all costs of title policy endorsements. In the event the land is to be used for new construction, the builder/Seller may receive builder discount if any. Buyer or his attorney shall within 10 business days after receiving such pay for any lender's/mortgagee's/Instrument holder's title evidenceinsurance coverage. Should the Seller be unable by closing to perform its obligations pursuant to this Section 15, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shallmay, at Xxxxx's option and as Buyer’s optionsole and exclusive remedy, be void and all waive such defect or terminate this Contract. If the Buyer elects to terminate, then the xxxxxxx money shall be returned refunded promptly to Buyer. the Buyer may, nevertheless, elect to take such and title as it then isinsurance cancellation fees will be paid by Seller, and may deduct all parties shall be released from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedany further liability hereunder. Any Title Work must be ordered from Kansas Secured Title.
Appears in 1 contract
Samples: Real Estate Purchase Contract
Title Evidence. DRAFT-NON EXECUTABLE Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property premises in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is premises are located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with BuyerXxxxx’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Propertypremises, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Propertyproperty. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property premises as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and Any title insurance premium. Buyer shall pay the search charge as company's title binder to Buyerissue, the cost of mortgagee’s after closing, a title insurance policy, if anywas made available to Buyer prior to the auction closing (“Title Work”), and the cost of all necessary endorsements if none then Buyer agrees that it was Buyer’s sole decision and responsibility prior to the auction to obtain any title insurance policybinder or title information (also, “Title Work”), and review and approve the same, and that Buyer agrees to take title subject to any matters that might be excepted to, required or disclosed in a title binder or commitment. This Contract is not contingent on Buyer’s or Buyer’s lender review of any title matters. Additionally, Buyer and Seller shall furnish immediately upon request agrees to take title subject to all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, leviedfollowing that are evidenced of public record, or confirmed after that would be disclosed by survey or inspection of the date hereofProperty: encroachments, (b) buildingrights-of-way, use and occupancy or trees, plantings, fences, easements, restrictions, if anyprotective covenants, which do not unreasonably interfere with Buyer’s intended use of the propertyunmatured special assessments, (c) zoning laws laws, ordinances and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) regulations; rights of tenants in possession and any other leases, and liens, if any; except that at closing Seller is obligated to: (A) pay any amount secured by any mortgage recorded against the Property and cause the mortgage to be released, and (iB) matters which can only be discovered by a survey remove any claim or matter that affects the marketability of title and that Seller caused to first affect the Property after the date of the PropertyTitle Work search. The Seller and Buyer shall each pay one-half the cost of any owner’s title policy insuring up to the purchase price, but Buyer will pay all costs of title policy endorsements. In the event the land is to be used for new construction, the builder/Seller may receive builder discount if any. Buyer or his attorney shall within 10 business days after receiving such pay for any lender's/mortgagee's/Instrument holder's title evidenceinsurance coverage. Should the Seller be unable by closing to perform its obligations pursuant to this Section 3, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shallmay, at Buyer's option and as Buyer’s optionsole and exclusive remedy, be void and all waive such defect or terminate this Contract. If the Buyer elects to terminate, then the xxxxxxx money shall be returned refunded promptly to Buyer. the Buyer may, nevertheless, elect to take such and title as it then isinsurance cancellation fees will be paid by Seller, and may deduct all parties shall be released from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreedany further liability hereunder. Any Title Work must be ordered from Kansas Secured Title .
Appears in 1 contract
Title Evidence. Upon acceptance of this Contract, Seller shall within a reasonable period furnish at Seller’s expense: (Check appropriate statement). An abstract of title continued within 30 days before final payment hereunder, showing merchantable title of record to said Property in the Seller or the party who will execute the transactional instrument on Seller’s behalf, according to the Rules and standards of the Bar of the County in which said Property is located, or X _X_ A commitment and an Owners Title Guaranty Policy issued by a Company licensed to issue the same in the State of Illinois for the amount of the purchase price. Seller shall pay the initial title search charge and title insurance premium. Buyer shall pay the search charge as to Buyer, the cost of mortgagee’s title insurance policy, if any, and the cost of all necessary endorsements to the title insurance policy. Buyer and Seller shall furnish immediately upon request all information legally required for financing or transfer of title. Policy subject only to the following: (a) all taxes and special assessments now a lien, levied, or confirmed after the date hereof, (b) building, use and occupancy or restrictions, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (c) zoning laws and ordinances, (d) easements of record or in place affecting the Property, if any, which do not unreasonably interfere with Buyer’s intended use of the property, (e) drainage ditches, feeders and laterals, if any, (f) conveyances or reservations of coal, minerals and mining rights, if any, of record, (g) mortgage or other lien that may be eliminated at closing by application of the purchase price, (h) rights of tenants in possession if any, and (i) matters which can only be discovered by a survey of the Property. Buyer or his attorney shall within 10 business days after receiving such title evidence, deliver to Seller or his attorney, together with such evidence, a report in writing specifying any objections made to the title. In case such title evidence is not delivered to Buyer or his attorney within a reasonable time, or material objections made to the title in such report are not cured with sixty (60) days after such report is so delivered, this Contract shall, at Buyer’s option, be void and all xxxxxxx money shall be returned to Buyer. Buyer may, nevertheless, elect to take such title as it then is, and may deduct from the purchase price the amounts of liens and encumbrances and, in such case, the Seller shall convey the Property as agreed.
Appears in 1 contract
Samples: Purchase Agricultural Land