Common use of Title Insurance and Survey Clause in Contracts

Title Insurance and Survey. Prior to the end of the Inspection Period Buyer's counsel shall order the Title Insurance Commitment and a Survey (Seller agreeing to furnish to Buyer copies of any existing surveys and title information in its possession promptly after execution of this Agreement). Buyer will have ten (10) days from receipt of the Title Commitment (including legible copies of all recorded exceptions noted therein) and Survey to notify Seller in writing of any Title Defects, encroachments or other matters not acceptable to Buyer which are not permitted by this Agreement. Any Title Defect or other objection disclosed by the Title Insurance Commitment (other than liens removable by the payment of money) or the Survey which is not timely specified in Buyer's written notice to Seller of Title Defects shall be deemed a Permitted Exception. Seller shall notify Buyer in writing within five (5) days of Buyer's notice if Seller intends to cure any Title Defect or other objection. If Seller elects to cure, Seller shall use diligent efforts to cure the Title Defects and/or objections by the Closing Date (as it may be extended). If Seller elects not to cure or if such Title Defects and/or objections are not cured, Buyer shall have the right, in lieu of any other remedies, to: (i) refuse to purchase the Property, terminate this Agreement and receive a return of the Xxxxxxx Money Deposit in which event neither party shall have any further rights, duties, obligations or liabilities hereunder except those which are intended to survive termination of this Agreement; or (ii) waive such Title Defects and/or objections and close the purchase of the Property subject to them.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

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Title Insurance and Survey. Prior to the end of the Inspection Period Buyer's counsel shall order the Title Insurance Commitment and a Survey (Seller agreeing to furnish to having furnished Buyer copies of any existing surveys and other title information in its possession promptly after execution of this Agreementpossession). Buyer will have ten (10) days from receipt of the Title Commitment (including legible copies of all recorded exceptions noted therein) and Survey to notify Seller in writing of any Title Defects, encroachments or other matters not acceptable to Buyer which are not permitted by this Agreement. Any Title Defect or other objection disclosed by the Title Insurance Commitment (other than liens removable by the payment of money) or the Survey which is not timely specified in Buyer's written notice to Seller of Title Defects shall be deemed a Permitted Exception. Seller shall notify Buyer in writing within five (5) days of Buyer's notice if Seller intends to cure any Title Defect or other objection. If Seller elects to cure, Seller shall use diligent efforts to cure the Title Defects and/or objections by the Closing Date (as it may be extended). If Seller elects not to cure or if such Title Defects and/or objections are not cured, Buyer shall have the right, in lieu of any other remedies, to: (i) refuse to purchase the Property, terminate this Agreement and receive a return of the Xxxxxxx Money Deposit in which event neither party shall have any further rights, duties, obligations or liabilities hereunder except those which are intended to survive termination of this AgreementDeposit; or (ii) waive such Title Defects and/or objections and close the purchase of the Property subject to themsuch Title Defects.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Title Insurance and Survey. Prior to the end of the Inspection Period Buyer's counsel Promptly after execution hereof, Buyer shall order the a Title Insurance Commitment from Chicago Title Insurance Company and a Survey from a reputable surveyor familiar with the Property (Seller agreeing to furnish to Buyer copies of any existing surveys and title information in its possession promptly after execution of this Agreement). Buyer will have ten (10) days from receipt of the Title Commitment (including legible copies of all recorded exceptions noted therein) and Survey to notify Seller in writing of any Title Defects, encroachments or other matters not acceptable to Buyer which are not permitted by this Agreement. Any Title Defect or other objection disclosed by the Title Insurance Commitment (other than liens removable by the payment of money) or the Survey which is not timely specified in Buyer's written notice to Seller of Title Defects shall be deemed a Permitted Exception. Seller shall notify Buyer in writing within five (5) days of Buyer's notice if Seller intends to cure any Title Defect or other objection. If Seller elects to cure, Seller shall use diligent efforts to cure the Title Defects and/or objections by the Closing Date (as it may be extended). If Seller elects not to cure or if such Title Defects and/or objections are not cured, Buyer shall have the right, in lieu of any other remedies, to: (i) refuse to purchase close the Propertytransaction, terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit in which event neither party shall have any further rights, duties, obligations or liabilities hereunder except those which are intended to survive termination of this AgreementDeposit; or (ii) waive such Title Defects Tixxx Xxfects and/or objections and close the purchase of the Property subject to transaction notwithstanding them.

Appears in 1 contract

Samples: Contribution Agreement (Regency Realty Corp)

Title Insurance and Survey. Prior to the end of the Inspection Period Buyer's counsel shall order the Title Insurance Commitment and a Survey (Seller agreeing to furnish to Buyer copies of any existing surveys and title information in its possession promptly after execution of this AgreementAgreement including the title commitment and survey furnished by Faison under the Faison Contract). The title xxxxxnce will alxx xxxlude copies of restrictive covenants imposed on lands lying between the Shopping Center and US Highway 17. Buyer will have ten (10) days from receipt of the Title Commitment (including legible copies of all recorded exceptions noted therein) and Survey to notify Seller in writing of any Title Defects, encroachments or other matters (including the said restrictive covenants) not acceptable to Buyer which are not permitted by this AgreementBuyer. Any Title Defect or other objection disclosed by the Title Insurance Commitment (other than liens removable by the payment of money) or the Survey which is not timely specified in Buyer's written notice to Seller of Title Defects shall be deemed a Permitted Exception. Seller shall notify Buyer in writing within five (5) days of Buyer's notice if Seller intends to cure any Title Defect or other objection. If Seller elects to cure, Seller shall use diligent efforts to cure the Title Defects and/or objections by the Closing Date (as it may be extendedextended with Seller's and Buyer's agreement). If Seller elects not to cure or if such Title Defects and/or objections are not cured, Buyer shall have the right, in lieu of any other remedies, to: (i) refuse to purchase the Property, terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit in which event neither party shall have any further rights, duties, obligations or liabilities hereunder except those which are intended to survive termination of this AgreementDeposit; or (ii) waive such Title Defects Tixxx Xxxects and/or objections and close the purchase of the Property subject to themsuch Title Defects.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Centers Lp)

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Title Insurance and Survey. Prior to Promptly after the end of the Inspection Period full execution hereof Buyer's counsel shall order the Title Insurance Commitment and a Survey (Seller agreeing to furnish to Buyer copies of any existing surveys and title information in its possession promptly after execution of this Agreement). Buyer will have ten (10) days from receipt of the Title Commitment (including legible copies of all recorded exceptions noted therein) and Survey within which to notify Seller in writing of any Title Defects, encroachments or other matters not acceptable to Buyer which are not permitted by this Agreement. Any Title Defect or other objection disclosed by the Title Insurance Commitment (other than liens removable by the payment of money, except the Surviving Mortgage) or the Survey which is not timely specified in Buyer's written notice to Seller of Title Defects shall be deemed a Permitted Exception. Seller shall notify Buyer in writing within five (5) days of Buyer's notice if Seller intends to cure any Title Defect or other objection. If Seller elects to cure, Seller shall use diligent efforts to cure the Title Defects and/or objections by the Closing Date (as it may be extended). If Seller elects not to cure or if such Title Defects and/or objections are not cured, Buyer shall have the right, in lieu of any other remedies, to: (i) refuse to purchase the Property, terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit in which event neither party shall have any further rights, duties, obligations or liabilities hereunder except those which are intended to survive termination of this Agreementas ixx xxxx remedy; or (ii) waive such Title Defects and/or objections and close the purchase of the Property subject to themsuch Title Defects.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Title Insurance and Survey. Prior to the end of the Inspection Period Buyer's counsel shall order the Title Insurance Commitment and a Survey (Seller agreeing to furnish to Buyer copies of any existing surveys and title information in its possession possession) promptly after execution of this Agreement). Buyer shall use Chicago Title Insurance Company for the title insurance and Xxxxxx & Associates, Inc., Land Development Consultants, the surveyor who prepared Seller's existing survey, for the survey. Buyer will have ten (10) days from receipt of the Title Commitment (including legible copies of all recorded exceptions noted therein) and Survey Survey, but not later than the end of the Inspection Period, to notify Seller in writing of any Title Defects, encroachments or other matters not acceptable to Buyer which are not permitted by this Agreement. Any Title Defect or other objection disclosed by the Title Insurance Commitment (other than liens removable by the payment of money) or the Survey which is not timely specified in Buyer's written notice to Seller of Title Defects shall be deemed a Permitted Exception. Seller shall notify Buyer in writing within five (5) days of Buyer's notice if Seller intends to cure any Title Defect or other objection. If Seller elects to cure, Seller shall use diligent efforts to cure the Title Defects and/or objections by the Closing Date (as it may be extended). If Seller elects not to cure or if such Title Defects and/or objections are not cured, Buyer shall have the right, in lieu of any other remedies, to: (i) refuse to purchase the Property, terminate this Agreement and receive a return of the Xxxxxxx Money Deposit in which event neither party shall have any further rights, duties, obligations or liabilities hereunder except those which are intended to survive termination of this AgreementDeposit; or (ii) waive such Title Defects and/or objections and close the purchase of the Property subject to them.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

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