Common use of Title Policy and Survey Clause in Contracts

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder shall furnish to Buyer at Builder’s Buyer’s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Total Sales Price, dated at or after Closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyer, at Buyer’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at Buyer’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyer.

Appears in 2 contracts

Samples: Residential Completed Home Contract, Residential Completed Home Contract

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Title Policy and Survey. Within thirty (Check all that apply) A. TITLE POLICY - Builder 30) days after the Effective Date, Seller, at its expense, shall furnish to Buyer at Builder’s Buyer’s expense an owner policy Purchaser with a preliminary binder of title insurance ("Title PolicyCommitments") issued by from Lawyers Title Insurance Corporation and/or its authorized agents (the "Title Company") agreeing to insure title to each Facility in the name of Purchaser in the full amount of the Total Sales PricePurchase Price allocated to the Land and Facilities as set forth in Schedule 2.1. 1. Such preliminary title insurance binders shall be issued in the most recently approved ALTA form without exception, dated at or after Closing, insuring Buyer against loss under the provisions other than Permitted Exceptions. The acceptability of title to each of the Title PolicyPremises shall be determined by Purchaser, subject in its discretion, within the later to the promulgated exclusions occur of: (including existing building and zoning ordinancesi) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - Within twenty (20) days after receipt of both the Title Commitments and the Surveys, as hereinafter described, for the Premises, or (ii) the expiration of the Inspection Period. If any exceptions other than Permitted Exceptions are not cured by Seller within twenty (20) days after receipt of notice thereof from Purchaser, or thereafter waived by Purchaser, Purchaser may terminate this Agreement. In the event Purchaser does not elect to terminate this Agreement, Purchaser and Seller shall proceed with Closing, and the cost of curing title shall be offset against the Purchase Price. The Title Commitments shall be attached hereto as Schedule 5. At Closing, the Title Company receives a copy shall issue Owner's Policies of this Contract, Builder shall furnish Title Insurance to Buyer a commitment for Purchaser insuring Purchaser's fees simple title insurance (Commitment) and, at Buyer’s expense, legible copies to the each of restrictive covenants the Premises free and documents evidencing exceptions in the Commitment clear of all matters other than the Permitted Exceptions and deleting all standard printed exceptions. Builder authorizes In connection therewith, on or before Closing, Seller agrees to execute and deliver to the Title Company all necessary certificates and affidavits to delete standard exceptions. Promptly after the Effective Date, Seller shall deliver to Purchaser all survey, topographical and title information now in Seller's possession and shall procure, at Seller's expense, within thirty (30) days after the Effective Date, a current survey or recertification of the existing survey for each of the Premises meeting the minimum standard and detail requirements for currently approved ALTA Land Title Surveys and the requirements of the Title Company to mail or hand deliver delete the Commitment and related documents to Buyer at Buyer’s address shown below. If standard "survey exceptions" (the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyer, at Buyer’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at Buyer’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period"Surveys"), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred paid by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by BuyerSeller.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Capital Senior Living Corp), Asset Purchase Agreement (NHP Retirement Housing Partners I LTD Partnership)

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder shall furnish to Buyer at Builder’s Buyer’s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Total Sales Price, dated at or after Closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens Xxxxx created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer Xxxxx in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. BuyerXxxxx, at BuyerXxxxx’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. 9) Any exception or exclusion regarding minerals approved by the Texas Department of Insurance for inclusion in standard exceptions for policies of title insurance issued in this state. B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at BuyerXxxxx’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyer, at BuyerXxxxx’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at BuyerXxxxx’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer Xxxxx in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyer.

Appears in 1 contract

Samples: Residential Completed Home Contract

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder POLICY: Seller shall furnish to Buyer at Builder’s Buyer’s Xxxxx's expense an owner owner's policy of title insurance (Title Policy) issued by North American Title (Title Company) in the amount of the Total Sales Price, dated at or after Closingclosing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants applicable common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in this ContractParagraph 3. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this Contract contract or as may be approved by Buyer Xxxxx in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: (i) will not be amended or deleted from the title policy; or area" at the expense of Buyer X Seller. Buyer, at Buyer’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - COMMITMENT: Within twenty (20) 20 days after the Title Company receives a copy of this Contractcontract, Builder Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s Xxxxx's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Builder Seller authorizes the Title Company to mail or hand deliver the Commitment and related documents Exception Documents to Buyer at Buyer’s 's address shown belowin Paragraph 21. If the Commitment is and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyerdays or 3 days before the Closing Date, at Buyer’s cost and optionwhichever is earlier. If, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable due to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at Buyer’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of factors beyond Seller's control, the Commitment and Exception Documents are not delivered within the Survey (if applicable) (Title Review Period)time required, Buyer shall notify Builder Xxxxx may terminate this contract and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money xxxxxxx money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyer.

Appears in 1 contract

Samples: Unimproved Property Contract

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder shall furnish to Buyer at Builder’s Buyer’s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Total Sales Price, dated at or after Closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens Xxxxx created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer Xxxxx in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. BuyerXxxxx, at BuyerXxxxx’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at BuyerXxxxx’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyer, at Buyer’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at BuyerXxxxx’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer Xxxxx in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyer.

Appears in 1 contract

Samples: Residential Completed Home Contract

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder shall furnish to Buyer at Builder’s Buyer’s expense an owner policy of title insurance (Title Policy) issued by _StarTex Title (Title Company) in the amount of the Total Sales Price, dated at or after Closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens Xxxxx created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer Xxxxx in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. BuyerXxxxx, at BuyerXxxxx’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. 9) Any exception or exclusion regarding minerals approved by the Texas Department of Insurance for inclusion in standard exceptions for policies of title insurance issued in this state. ✔ B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at BuyerXxxxx’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days.. ✔ C. SURVEY - Buyer, at BuyerXxxxx’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only)) ✔ 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at BuyerXxxxx’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property;; ✔ D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer Xxxxx in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyer.

Appears in 1 contract

Samples: Residential Completed Home Contract

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder shall furnish to Buyer at Builder’s Buyer’s expense an owner policy of title insurance (Title Policya) issued by (Title Company) in the amount of the Total Sales Price, dated at or after Closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyer, at Buyer’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at Buyer’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of following the Commitment and the Survey (if applicable) (Title Review Period)Effective Date, Buyer shall notify Builder obtain from Title Company, a title commitment or report (the “Title Commitment”) to issue an ALTA Owner’s Policy of Title Insurance (in the policy form and with such endorsements as Buyer may designate in Buyer’s Objections (as defined below), the “Title Policy”) insuring Buyer’s fee simple title to the Property to be good and indefeasible as of the Closing in the amount of the Purchase Price, subject to only the Permitted Encumbrances. A copy of the Title Company Commitment and legible copies of each of the documents of record reflected therein shall be furnished to Buyer and Seller at the respective addresses set forth in Section 10.1 hereof. (b) In the event (a) the Survey shows any matter affecting the Property that is unacceptable to Buyer, or (b) any exceptions appear in the Title Policy, in any preliminary title report, or in any Title Commitment obtained by Buyer that are unacceptable to Buyer, Buyer may notify Seller in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval facts and the reasons therefore (“Buyer’s Objections”) within thirty (30) days after Effective Date. Buyer’s Objection Notice will specify the required policy form of the Survey Title Policy and any endorsements to the Title Policy required by Buyer (Title Objectionscollectively, the “Endorsements”). Builder shall have ten Within five (105) days (Builder’s Cure Period) after of receipt of Buyer’s Objection Notice during which Notice, Seller shall give Buyer notice (the “Initial Response Notice”) identifying any exceptions that Seller will not cause to be removed prior to Closing. Seller’s failure to respond shall be deemed Seller’s response not to cure Title or remove any of Buyer’s requested exceptions. Buyer shall then have five (5) days from receipt of the Initial Response Notice to either (i) terminate this Agreement by written notice to Seller or (ii) waive its prior notice as to the Buyer Objections which Seller has elected not to cure, in which event such exceptions shall be deemed Permitted Exceptions. The title exceptions that Buyer approves or is deemed to have approved pursuant to the foregoing provisions of this paragraph are herein called “Permitted Exceptions.” (c) Seller shall not be required to expend any money or bring any action or proceeding or do any other thing in order to cure any of Buyer’s Objections. Builder , except that Seller shall exercise reasonable efforts to remove bond, discharge or cure any monetary lien created by Seller or any other voluntarily-created monetary encumbrances or indebtedness or mortgage shown on the Title Objections set forth Commitment which Buyer objects in Buyer’s Objection Notice, providedand shall reasonably cooperate with Buyer and use Seller’s reasonable and diligent efforts to cure any other Buyer Objections (including, Builder without limitation, any monetary encumbrances or indebtedness not voluntarily created by Seller). If Seller thereafter determines that it is unwilling to cure any of Buyer’s Objections, Seller shall promptly give notice thereof to Buyer (the “Subsequent Response Notice”) and Buyer may, as its exclusive remedy, elect by written notice given to Seller within five (5) days of receipt of a Subsequent Response Notice, either (a) to accept such title subject to the matters set forth in Seller’s Subsequent Response Notice without any reduction or abatement of the Purchase Price, or (b) to terminate this Agreement, in which event the Deposit shall be returned to Buyer. (d) Unpaid liens for real estate and personal property taxes for years prior to the fiscal year in which the Closing Date occurs and any other matters which Seller is obligated to pay and discharge at the Closing shall not be obligated deemed objections to incur any cost or expense in connection therewith. Notwithstanding title, but the foregoingamount thereof plus interest and penalties thereon charged by the taxing authority, Builder shall be obligated chargeable to discharge and cause to be released Seller at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails and paid to cure the Title Objections Company with instructions to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer pay and neither Builder nor Buyer discharge such matters. Seller shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within take such period, then all of Buyer’s Title Objections actions as shall be deemed waived. Any exceptions necessary for the Title Company to title disclosed in issue the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by BuyerTitle Policy without exception for such matters.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Title Policy and Survey. (Check all that apply) Pecan Valley Title Company ❑ A. TITLE POLICY - Builder POLICY: Seller shall furnish to Buyer at Builder❑ Seller’s Buyer❑ Xxxxx’s expense an owner policy of title insurance (the Title Policy) issued by (the Title Company) in the amount of the Total Sales Price, dated at or after Closingclosing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants applicable common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in this ContractParagraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this Contract contract or as may be approved by Buyer Xxxxx in writing. (6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense, may have the exception amended to read only, “shortages in area. (7) The standard printed exception as to marital rights. (8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - . Within twenty (20) 20 days after the Title Company receives a copy of this Contractcontract, Builder Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer’s 's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the Initialed for identification by Xxxxx and Seller 01A TREC NO. 20-4 One to Four Family Residential Contract Concerning (Address of Property) standard printed exceptions. Builder Seller authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer’s Xxxxx's address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. Buyer will have 7 days after the receipt of the Commitment to object in writing to matters disclosed in the Commitment. ❑ B. SURVEY: (Check one box only) (1) Within days after Xxxxx's receipt of a survey furnished to a third-party lender at ❑ Seller’s ❑ Xxxxx's expense, Xxxxx may object in writing to any matter shown on the survey which constitutes a defect or encumbrance to title. C. SURVEY - Buyer(2) Within days after the effective date of this contract, Buyer may object in writing to any matter which constitutes a defect or encumbrance to title shown on a survey obtained by Buyer at Buyer’s cost and option, may obtain a survey (Survey) of the Property's expense. The Survey survey must be made by a registered professional land surveyor Registered Professional Land Surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain object to existing building and zoning ordinances, items 6A(1) through (8) above and matters shown on the survey if Buyer determines that any such ordinance, items or matters prohibits the following use or activity: . Xxxxx's failure to object under Paragraph 6A or 6B within the time allowed will constitute a Survey from a third-party surveyor; 2) Builder agrees to order a Survey waiver of the Property at Buyer’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of object; except that the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer requirements in Schedule C of the Commitment will not be deemed to have been waived. Seller shall cure the timely objections of Buyer or any third party lender within 15 days from the date Seller receives the objections and the Survey (if applicable) (Title Review Period)Closing Date will be extended as necessary. If objections are not cured by the extended Closing Date, Buyer shall notify Builder this contract will terminate and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money xxxxxxx money will be refunded to Buyer and neither Builder nor unless Buyer shall have any further rights or obligations hereunder. If Buyer fails elects to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in waive the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyerobjections.

Appears in 1 contract

Samples: One to Four Family Residential Contract (Resale)

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder Seller shall furnish to Buyer obtain at Builder’s Buyer’s sole cost and expense an owner policy Owner Policy of title insurance Title Insurance (the “Title Policy) issued by (Great American Title Company, located at 0000 X. Xxxx Xxxxxx, Xxxxxxx, XX 00000 (“Title Company”) in the amount of the Total Sales Price, dated at or after Closingclosing, insuring Buyer against loss under the provisions of the Title Policy, Policy subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive restrictive covenants applicable common to the platted subdivision in which the Property is located.; (2) The the standard printed exception for standby fees, taxes and assessments.; (3) Liens created as part of the financing described in this Contract. 4) Utility utility easements created by the dedication deed or plat of the subdivision in which the Property is located.; 5(4) Reservations reservations or exceptions otherwise permitted by this Contract Agreement or as may be approved by Buyer in writing.; 6(5) The the standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, protrusions or overlapping improvements. Buyer, at Buyer’s expense, may have ; (6) the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights.; and 8) The (7) the standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - . Within twenty (20) days after the Title Company receives a copy of this ContractAgreement, Builder Seller shall furnish to Buyer a commitment for title insurance Title Insurance (the “Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder Seller authorizes the Title Company to mail or hand hand-deliver the Commitment and related documents to Buyer at Buyer’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will shall be automatically extended up to 15 fifteen (15) days. C. SURVEY - Buyer, at . Buyer shall have ten (10) days after the receipt of the Commitment to object in writing to matters disclosed in the Commitment. Buyer may object to existing building and zoning ordinances and items (1) through (7) listed above if Buyer determines that any such ordinance or item prohibits the proposed use of the Property as hereinafter described. Within ten (10) days after Buyer’s cost and option, may obtain receipt of a survey (Survey) plat, Buyer may object in writing to any matter which constitutes a defect or encumbrance to title shown on a survey plat obtained by Buyer at the expense of the PropertySeller. The Survey must survey shall be made by a registered professional land surveyor Registered Professional Land Surveyor acceptable to the Title Company and the Buyer. The plat shall (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with the corners permanently marked; (c) set forth the dimensions and total area of the Property; (d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements and rights-of-way on the Property with all easements and rights-of-way referenced to their recording information; (e) show any applicable lenderdiscrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the one hundred (100) year flood plain as shown on the current Federal Emergency Management Agency map; and (f) contain the surveyor’s certificate that the survey as shown by the plat is true and correct. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will shall not be a basis for objection. (Check one box only) 1) Buyer may obtain Buyer’s failure to object under this article within the time allowed shall constitute a Survey from a third-party surveyor; 2) Builder agrees waiver of Buyer’s right to order a Survey object except that the requirements in Schedule of the Property at Commitment shall not be deemed to have been waived. If objections are made by Buyer’s expense; 3) Builder agrees to provide a copy of , Seller shall cure the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten objection within twenty (1020) days after receipt by Buyer of the Commitment date Seller receives them and the Survey (if applicable) (Title Review Period), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder Closing Date shall be obligated to discharge extended as necessary. If objections are not cured by the extended Closing Date, this Agreement shall terminate and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will shall be refunded to Buyer, unless Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails elects to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in waive the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that have been accepted or waived by Buyerobjections.

Appears in 1 contract

Samples: Earnest Money Contract

Title Policy and Survey. (Check all that apply) A. TITLE POLICY - Builder shall furnish to Buyer at Builder’s Buyer’s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Total Sales Price, dated at or after Closingclosing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: 1) Restrictive covenants applicable to the platted subdivision in which the Property is located. 2) The standard printed exception for standby fees, taxes and assessments. 3) Liens created as part of the financing described in this Contract. 4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. 5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer in writing. 6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense, may have the exception amended to read only, “shortages in area.” 7) The standard printed exception as to marital rights. 8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer’s address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. C. SURVEY - Buyer, at Buyer’s cost and option, may obtain a survey (Survey) of the Property. The Survey must be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will not be a basis for objection. (Check one box only) 1) Buyer may obtain a Survey from a third-party surveyor; 2) Builder agrees to order a Survey of the Property at Buyer’s expense; 3) Builder agrees to provide a copy of the existing Survey of the Property; 4) Buyer waives the right to obtain a Survey of the Property; D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10) days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period), Buyer shall notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period) after receipt of Buyer’s Objection Notice during which to cure such Title Objections. Builder shall exercise reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided, Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period whereupon the Xxxxxxx Money will be refunded to Buyer and neither Builder nor Buyer shall have any further rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted Exceptions” shall mean those exceptions to title set forth in the Commitment that and which have been accepted or waived by Buyer.

Appears in 1 contract

Samples: Residential Construction Contract

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