Title Objections. Buyer has 14 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies Seller of any Title Objections, Seller has 7 days from receipt of Xxxxx’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 2 contracts
Samples: Option to Purchase Agreement (ETX Park Fund #2, LLC), Option to Purchase (ETX Park Fund #2, LLC)
Title Objections. Buyer has 14 10 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, the UCC Search, and the Survey if a new Survey is required by Buyer or Title Company (“"Title Objection Deadline”") to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 20 days from receipt of Xxxxx’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 20 days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s 's obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and on Schedule B of the Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. Notwithstanding any other provision herein, at or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 until thirty (30) days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company Effective Date (“Title Objection Deadline”) to review the Seller’s survey and the Survey, if any, Title Commitment, Commitment and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Seller survey and/or Survey, if applicable, as the case may be, and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are approved, or waives or is deemed to have waived, shall be considered “Permitted Exceptions.” hereunder. If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees will attempt to cure the Title Objections before prior to Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to attempt to cure any or all the Title Objections before Closing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or that Buyer will waive its objections hereunder and proceed to closeclose in accordance with the terms of this Contract; failing which, subject Buyer shall be deemed to Sellerhave waived its objections hereunder. Further, if Seller notifies Buyer that Seller intends to attempt to cure the Title Objections before Closing but fails to cure such Title Objections in a timely manner, then Buyer shall be entitled to exercise its rights set forth in the preceding sentence as its exclusive remedy, provided such right is exercised prior to the Closing Date. Notwithstanding the foregoing, if the Title Objections relate solely to Removable Monetary Liens (as hereinafter defined) then, in addition to the Buyer’s obligationsrights set forth above, at Buyer shall have the option to take title to the Property despite the existence of such matter, and remove such objectionable matter and reduce the Purchase Price in accordance with the amount of money expended in pursuance of such matter (provided that the right to cure matters in accordance with this sentence shall be limited solely to Removable Monetary Liens). For purposes of this Contract, “Removable Monetary Liens” shall mean all liens and encumbrances, which are (i) definite and ascertainable, (ii) can be satisfied by payment of money, and (iii) represent (a) mortgage or before Closingother indebtedness of record, other than related to remove all liquidated liens; remove all exceptions that arise the Existing Debt, and (b) liens or encumbrances suffered or permitted by Seller or any party claiming by, through, through or under Seller; provided, however, that any third party claim (i.e. mechanics’ or materialmens’ liens) provided in item (b) above may be removed from the Title Policy by Seller after the Effective Date; and cure any other Title Objections that Seller has agreed by bond, indemnity or otherwise to cure Buyer’s reasonable satisfaction and, upon which, there shall be no reduction in the Cure NoticePurchase Price with respect to such claim.
Appears in 1 contract
Samples: Real Estate Sales Contract (AmREIT Monthly Income & Growth Fund III LTD)
Title Objections. Buyer has 14 (i) Within seven (7) days after delivery the Purchaser’s receipt of both a Title Commitment and Survey for the last Property, Purchaser shall notify Seller in writing of Purchaser’s objection to any exceptions or other title matters shown on any Title Commitment or Survey. Purchaser’s title objections shall be limited to objections to the Title Commitmentpresence of any valid liens, legible copies of claims, encumbrances, and/or security interests negatively affecting the instruments referenced in the Title CommitmentProperty (each, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title ObjectionsObjection”). Buyer will be deemed At least five (5) days prior to have approved all matters reflected by the Survey or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies Seller of any Title ObjectionsClosing Date, Seller has 7 days from receipt of Xxxxx’s notice to shall notify Buyer Purchaser whether Seller agrees it will attempt to cure the Title Objections before and which, if not all, Title Objections it will attempt to cure. Based on Seller’s response, Purchaser may elect to (A) give Seller additional time to cure, and the parties will delay Closing for the period of time necessary for Seller to attempt to cure, not to exceed 30 days beyond the original Closing Date, or (“Cure Notice”)B) terminate the Agreement, in which event neither party will have any further obligations or liability hereunder, except for those obligations expressly stated to survive such termination. If Purchaser elects to have Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree attempt to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller agreed to address, Seller shall have the option to extend the Closing Date -- and the parties shall execute an amendment to this Agreement to that effect -- up to 30 days in order to cure such of those Title Objections Seller has agreed to cure. If Seller is unable to cure those Title Objections it has agreed to cure within the agreed-upon time period, then Purchaser shall have the option, as its sole remedy, upon written notice to Seller on or before the amended Closing Date, to terminate this Agreement, in which event neither party will have any further obligations or liability hereunder, except for those obligations expressly stated to survive such termination.
(ii) If any supplement to a Title Commitment or Survey discloses any additional title defects which were not created by or with the Cure Noticeconsent of Purchaser, and which are not acceptable to Purchaser, Purchaser shall notify Seller in writing of its objection thereto (each, an “Additional Title Objection”) within five (5) days following receipt of such supplement or revision. If any Additional Title Objection is not removed or resolved by Seller to Purchaser’s satisfaction at least five (5) days prior to the Closing Date, then Purchaser shall have the option, as its sole remedy, to terminate this Agreement upon written notice to Seller on or before the Closing Date, in which event neither party will have any further obligations or liability hereunder, except for those obligations expressly stated to survive such termination.
(iii) Purchaser’s failure to timely deliver a Title Objection or an Additional Title Objection shall be deemed Purchaser’s acceptance of the matters disclosed by the {B3764294.2} 3 Title Commitment and Survey. If Purchaser does not terminate this Agreement by reason of any Title Objection or Additional Title Objection, as provided in this Section 2.01, then such Title Objection or Additional Title Objection shall be deemed waived and approved by Purchaser and shall thereafter be deemed a Permitted Encumbrance.
Appears in 1 contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.4. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment Commitment, to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Purchase Contract
Title Objections. Buyer has 14 days after delivery Cure of the last of Title Objections.
(a) Purchaser shall have until the Title Commitment, legible copies Exam Deadline to notify Seller in writing of the instruments referenced such objections as Purchaser may have to any exceptions to title disclosed in the Title Commitment, and Commitment or the Survey. Any item contained in the Title Commitment or matter shown on the Survey if to which Purchaser does not object prior to the Title Exam Deadline by timely written notice shall be deemed a new Survey Permitted Exception. Time is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and essence with respect to the provisions of this Section 2.3.
(b) In the event Purchaser shall notify Seller of Buyer’s objections to title or matter of survey shown on the Survey prior to the Title Exam Deadline, Seller shall have the right, but not the obligation, to cure such objections. Within ten (10) days after receipt of Purchaser's notice of objections, Seller shall notify Purchaser in writing whether Seller elects to attempt to cure such objections. If Seller elects to attempt to cure, and provided that Purchaser shall not have terminated this Agreement in accordance with Section 3.2 hereof, Seller shall have until the date of Closing to attempt to remove, satisfy or cure the same and for this purpose Seller shall be entitled to a reasonable adjournment of the Closing if additional time is required, but in no event shall the adjournment exceed thirty (30) days after the date for Closing set forth in Section 4.1 hereof. If Seller elects not to cure any objections specified in Purchaser's notice, or if Seller is unable to effect a cure prior to the Closing (or any date to which the Closing has been adjourned), Purchaser shall have the following options: (i) to accept a conveyance of them the Property subject to the Permitted Exceptions, specifically including any matter objected to by Purchaser which Seller is unwilling or unable to cure, and without reduction of the Purchase Price; or (“Title Objections”ii) to terminate this Agreement by sending written notice thereof to Seller, and upon delivery of such notice of termination, this Agreement shall terminate and the Earnxxx Xxxey shall be returned to Purchaser as Purchaser's sole remedy; and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement. If Seller notices Purchaser that Seller does not intend to attempt to cure any title objection; or if, having commenced attempts to cure any objection, Seller later notifies Purchaser that Seller will be unable to effect a cure thereof, Purchaser shall, within ten (10) days after such notice has been given, notify Seller in writing whether Purchaser shall elect to accept the conveyance under clause (i) or to terminate this Agreement under clause (ii). Buyer will If Purchaser fails to give timely notice of its election to terminate this Agreement, Purchaser shall be deemed to have approved all matters reflected by the Survey or Title Commitment elected to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies Seller of any Title Objections, Seller has 7 days from receipt of Xxxxx’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, accept title subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after such exception without adjustment of the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure NoticePurchase Price.
Appears in 1 contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of Xxxxx’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery acknowledges receipt of (i) a current title commitment for an extended coverage title insurance policy with respect to the Premises issued by the Escrow Agent with an effective date of April 8, 2015 (the “Title Commitment”) and copies of all underlying documents relating to title exceptions referred to therein, and (ii) a survey of the last Property dated as of February 20, 2015 (the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will shall have until Close of Business on the sixth (6th) business day prior to the Due Diligence Expiration Date to notify Seller, in writing, of such objections to title or survey as Buyer may have. Any title or survey matter to which Buyer does not so object by such time shall be deemed to have approved all matters reflected by a Permitted Exception. In the Survey or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that event Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies shall so notify Seller of any Title Objectionsobjection(s) to title, Seller has 7 shall have the right, but not the obligation, to cure such objection(s), other than any defects, objections or exceptions which comprise mortgages or liens voluntarily created by Seller, and, to a maximum of One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, involuntary liens over a liquidated sum, which can be satisfied by payment of a liquidated amount, which Seller agrees that it shall either pay, discharge or comply with at or before the Closing or make arrangement with the Title Company to insure (at normal rates) without such objection as an exception in Buyer’s Title Policy. In the event there are any objections which Seller is not obligated to cure, then within three (3) business days from after receipt of XxxxxBuyer’s notice to of objection(s), Seller shall notify Buyer in writing whether Seller agrees elects to attempt to cure the Title Objections before Closing (“Cure Notice”such objection(s). Failure of Seller to give such notice shall be deemed an election by Seller not to cure such objection(s). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree elects to attempt to cure all any such matter, Seller shall use reasonable efforts to cure such objections. If Seller elects not to cure any objection(s) specified in Buyer’s notice which Seller is not required hereby to cure, or if Seller is unable to effect a cure prior to the Title Objections before Closing, Buyer may, shall have the following options to be given by written notice within 7 three (3) business days after the deadline for the giving of Seller’s Cure Noticenotice or deemed election: (i) to accept a conveyance of the Property subject to the Permitted Exceptions, notify specifically including any matter objected to by Buyer which Seller that either is unwilling or unable to cure (which such matter(s) shall thereafter be deemed to be a Permitted Exception), without reduction of the Purchase Price, or (ii) to terminate this Contract is terminated or Buyer will proceed to close, subject by sending written notice thereof to Seller’s obligations, at or before Closingand upon delivery of such notice of termination, this Contract shall terminate, in which case the Deposit shall be paid to remove all liquidated liens; remove all exceptions that arise bySeller (or, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Noticeevent of a New Material Title Defect, the Deposit shall be returned to Buyer), and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except for the Surviving Obligation, as hereinafter defined.
Appears in 1 contract
Samples: Purchase and Sale Contract (Resource Real Estate Opportunity REIT, Inc.)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.6. (“Title Objection Deadline”) to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Sales Contract (360 Global Wine Co)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.5. (“"Title Objection Deadline”") to obtain and review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five business days from receipt of Xxxxx’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five business days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, 's obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure only any other Title Objections that Seller has agreed to cure in the Cure Notice. At or before Closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure any other Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 ten (10) days after the delivery of the last of both the Title Commitment, legible copies of the instruments referenced in the Title Commitment, Commitment and the Survey if a new Survey is required by Buyer or Title Company (“"Title Objection Deadline”") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 30 days from receipt of Xxxxx’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or terminated, in which case Buyer will shall be entitled to the return of all Xxxxxxx Money, if any, on deposit with the Title Company. Alternatively, Buyer may elect to proceed to close, subject to Seller’s obligations's obligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract