Common use of Title Insurance; Survey Clause in Contracts

Title Insurance; Survey. Within thirty (30) days of the Acceptance Date, Seller, at Xxxxx’s sole cost, shall deliver a written commitment of First American Title or another title insurance company selected by Buyer (the "Title Company") to issue to Buyer a current ALTA Form owner's policy of title insurance with respect to the Property in an amount determined by Buyer (the "Title Commitment"). Buyer shall have the right to obtain, at Xxxxx’s sole cost, a new or updated survey, in a form determined by Xxxxx (the "Survey"). Seller's special warranty of title set forth in the deed and Xxxxxx's other representations and warranties, if any, with respect to the Property shall be subject to all exceptions set forth elsewhere in this Agreement and all matters disclosed on the Title Commitment or Survey including, without limitation, all easements, covenants, conditions, restrictions, requirements, standard exceptions and special exceptions, except for monetary liens which will be paid out of Closing. If the Title Commitment or Survey discloses any matters unacceptable to Buyer, in Xxxxx's sole discretion, (the "Title Defects"), Buyer shall notify Seller of such Title Defects no later than ninety (90) days before the Contingency Date. If Seller fails to correct the Title Defects to Xxxxx's satisfaction in advance of the Contingency Date, Buyer may (a) terminate this Agreement upon written notice to Seller and all Xxxxxxx Money shall be returned to Buyer, or (b) waive Buyer's objection to such Title Defects and take title subject to the same. Any title exceptions contained on the Title Commitment and not objected to by Xxxxx in accordance with this Section 5, or a title exception that shall be objected to initially, but such objection thereto is later waived or acquiesced to by Xxxxx, shall be deemed a "Permitted Exception" hereunder.

Title Insurance; Survey. a. Within thirty five (305) business days following the Effective Date, Seller shall deliver to Purchaser and Escrow Agent a copy of Seller’s existing boundary survey of the Acceptance Date, SellerOverall Property. Purchaser, at XxxxxPurchaser’s sole costexpense shall obtain an owner’s title insurance commitment (“Title Commitment”) from Fidelity National Title Insurance Company, shall deliver a written commitment of First American Title through its agent Xxxxxx and Xxxxxxx (or another from such other nationally recognized title insurance company selected by Buyer acceptable to Purchaser) and shall cause a survey (“Survey”) of the "Title Company") Property to issue to Buyer a current ALTA Form owner's policy be prepared which shall include the legal description of the Property. Marketable title insurance with respect shall be determined according to the Property Title Standards adopted by authority of The Florida Bar and in an amount determined by Buyer (the "Title Commitment")accordance with Florida law. Buyer Purchaser shall have until the right expiration of the Inspection Period within which to obtain, at Xxxxxexamine the condition of Seller’s sole cost, a new or updated survey, in a form determined by Xxxxx (the "Survey"). Seller's special warranty of title set forth in the deed and Xxxxxx's other representations and warranties, if any, with respect to the Property shall be subject to all exceptions set forth elsewhere in this Agreement and all matters disclosed on the Title Commitment or Survey including, without limitation, all easements, covenants, conditions, restrictions, requirements, standard exceptions and special exceptions, except for monetary liens which will be paid out of ClosingProperty. If the Title Commitment or the Survey discloses reflects that title to the Property is subject to any exceptions or other survey matters unacceptable to BuyerPurchaser, in Xxxxx's sole discretionPurchaser shall, (prior to the "Title Defects")expiration of the Inspection Period, Buyer shall notify Seller in writing of the specific title defects (“Title Objections”). Any exceptions listed in the Title Commitment to which Purchaser has not timely objected shall be deemed to be “Permitted Exceptions.” Seller, at Seller’s sole cost and expense, shall use commercially reasonable efforts to correct or remove such Title Defects no later than ninety (90) days before the Contingency DateObjections prior to Closing. If Seller fails to correct is not successful in correcting or removing the Title Defects Objection prior to Xxxxx's satisfaction in advance of the Contingency Closing Date, Buyer may (a) terminate Purchaser shall have the option of either accepting the title in its existing condition, or of terminating this Agreement upon by sending written notice of termination to Seller and all Xxxxxxx Money Escrow Agent. In the event that Purchaser elects to terminate this Agreement, Escrow Agent shall be returned return the Deposit to BuyerPurchaser, and, thereafter, neither Purchaser nor Seller shall have any further liabilities or (b) waive Buyer's objection obligations hereunder except with respect to such Title Defects and take title subject to the same. Any title exceptions contained on the Title Commitment and not objected to by Xxxxx in accordance with this Section 5, or a title exception that shall be objected to initially, but such objection thereto is later waived or acquiesced to by Xxxxx, shall be deemed a "Permitted Exception" hereunderthose obligations which expressly survive termination.

Title Insurance; Survey. Within thirty fifteen (3015) days of the Acceptance Date, Seller, at Xxxxx’s 's sole cost, shall deliver a written commitment of First American Title or another title insurance company selected by Buyer (the "Title Company") to issue to Buyer a current ALTA Form owner's policy of title insurance with respect to the Property in an amount determined by Buyer (the "Title Commitment"). Buyer shall have the right to obtain, at Xxxxx’s 's sole cost, a new or updated survey, in a form determined by Xxxxx (the "Survey"). Seller's special warranty of title set forth in the deed and XxxxxxSeller's other representations and warranties, if any, with respect to the Property shall be subject to all exceptions set forth elsewhere in this Agreement and all matters disclosed on the Title Commitment or Survey including, without limitation, all easements, covenants, conditions, restrictions, requirements, standard exceptions and special exceptions, except for monetary liens which will be paid out of Closing. If the Title Commitment or Survey discloses any matters unacceptable to Buyer, in Xxxxx's sole discretion, (the "Title Defects"), Buyer shall notify Seller of such Title Defects no later than ninety (90) days before the Contingency Date. If Seller fails to correct the Title Defects to Xxxxx's satisfaction in advance of the Contingency Date, Buyer may (a) terminate this Agreement upon written notice to Seller and all Xxxxxxx Money shall be returned to Buyer, or (b) waive Buyer's objection to such Title Defects and take title subject to the same. Any title exceptions contained on the Title Commitment and not objected to by Xxxxx in accordance with this Section 5, or a title exception that shall be objected to initially, but such objection thereto is later waived or acquiesced to by Xxxxx, shall be deemed a "Permitted Exception" hereunder.

Title Insurance; Survey. Within thirty fifteen (3015) days of the Acceptance Effective Date, Seller, at XxxxxBuyer’s sole cost, shall deliver a written commitment of First American title insurance ("Title or another Commitment") from a title insurance company selected by Buyer (the "Title Company") to issue to Buyer a current ALTA Form owner's policy of title insurance with respect to the Property in an amount determined by Buyer (the "Title Commitment"). Buyer shall have the right to obtain, at XxxxxBuyer’s sole costcoxx, a x new or updated survey, in a form determined by Xxxxx Buyer (the "SurveySurxxx"). Seller's special warranty of title set forth in the deed and XxxxxxSeller's other representations and warranties, if any, with respect to the Property shall be subject to all exceptions set forth elsewhere in this Agreement and all matters disclosed on the Title Commitment or Survey including, without limitation, all easements, covenants, conditions, restrictions, requirements, standard exceptions exceptions, and special exceptions, except for monetary liens which will be paid out of Closing. If the Title Commitment or Survey discloses any matters unacceptable to Buyer, in XxxxxBuyer's sole discretiondixxxxxion, (the "Title Defects"), Buyer shall notify Seller of such Title Defects no later than ninety (90) days before the Contingency Date. If Seller fails to correct the Title Defects to XxxxxBuyer's satisfaction satisfaxxxxx in advance of the Contingency Date, Buyer may (a) terminate this Agreement upon written notice to Seller and all Xxxxxxx Money shall be returned to BuyerSeller, or (b) waive Buyer's objection to such Title Defects and take title subject to the same. Any title exceptions contained on the Title Commitment and not objected to by Xxxxx Buyer in accordance accordxxxx with this Section 5, or a title exception that shall be objected to initially, but such objection thereto is later waived or acquiesced to by XxxxxBuyer, shall be deemed xxxxed a "Permitted Exception" hereunder.

Title Insurance; Survey. Within thirty (30) days of the Acceptance Date, Seller, at Xxxxx’s sole cost, shall deliver a written commitment of First American Title or another by a title insurance company selected by Buyer Xxxxx (the "“Title Company"”) to issue to Buyer a current ALTA Form owner's policy of title insurance with respect to the Property in an amount determined by Buyer (the "“Title Commitment"”). Buyer shall have the right to obtain, at Xxxxx’s sole cost, a new or updated survey, in a form determined by Xxxxx (the "“Survey"”). Seller's special warranty of title set forth in the deed and XxxxxxSeller's other representations and warranties, if any, with respect to the Property shall be subject to all exceptions set forth elsewhere in this Agreement and all matters disclosed on the Title Commitment or Survey including, without limitation, all easements, covenants, conditions, restrictions, requirements, standard exceptions and special exceptions, except for monetary liens which will be paid out of Closing. If the Title Commitment or Survey discloses any matters unacceptable to Buyer, in Xxxxx's sole discretion, (the "“Title Defects"”), Buyer shall notify Seller of such Title Defects no later than ninety (90) days before the Contingency Date. If Seller fails to correct the Title Defects to Xxxxx's satisfaction in advance of the Contingency Date, Buyer may (a) terminate this Agreement upon written notice to Seller and all Xxxxxxx Money shall be returned to Buyer, or (b) waive Buyer's objection to such Title Defects and take title subject to the same. Any title exceptions contained on the Title Commitment and not objected to by Xxxxx in accordance with this Section 5, or a title exception that shall be objected to initially, but such objection thereto is later waived or acquiesced to by Xxxxx, shall be deemed a "“Permitted Exception" ” hereunder.