Title Report; Survey. A. As soon as reasonably possible but no later than 30 days following the Effective Date, Buyer shall, at Buyer’s expense, have ordered a preliminary title report a/k/a title commitment (“Preliminary Title Report”) on the Property, and its appurtenant rights, together with copies of all exceptions, issued by Escrow Agent, or an issuing agent of Escrow Agent. Buyer shall obtain a new survey of the Property of sufficient quality to permit the Escrow Agent to remove the standard survey exception from the owner’s title policy to be obtained by Buyer (the “Survey”). No later than the fortieth (40th) day after the Effective Date, Buyer shall advise Seller and Escrow Agent in writing of any Preliminary Title Report or Survey exceptions, not permitted by this Agreement, which Buyer does not accept (which are not Permitted Encumbrances) (“Title and Survey Objections”). If Buyer makes any timely Title and Survey Objections, Buyer shall simultaneously deliver to Seller a copy of the Preliminary Title Report and Survey together with a copy of any recorded document on which such Title and Survey Objections, or any part thereof, are based. Notwithstanding anything to the contrary stated herein, Seller shall have no obligation to remove any “Title or Survey Objections” except for liens and mortgages of an ascertainable amount created, assumed or caused by Seller (“Seller’s Liens”), and intervening encumbrances which are recorded after the Preliminary Title Report and Seller has expressly agreed to remove pursuant to the terms herein, which Seller’s Liens and such intervening encumbrances Seller shall cause to be released of record at or prior to Closing (with Seller having the right to apply the Purchase Price or a portion thereof for such purpose). If Buyer fails to notify Seller of any Title or Survey Objections within said period of time, all Title or Survey Objections, if any, shall be deemed waived, except Seller’s Liens shall not be deemed waived. If Buyer timely notifies Seller and Escrow Agent of any Title or Survey Objections, the Closing Date may, at Seller’s sole option, to be exercised in a notice to Buyer delivered within ten (10) days of Seller’s receipt of the Title or Survey Obligations, be adjourned for a period of up to thirty (30) days in order to enable Seller to cure such Title or Survey Objections. If at the date to which Closing is adjourned Seller is unable or unwilling to remove such Title or Survey Objections, Buyer may:
Title Report; Survey. (a) Attached hereto and incorporated herein by reference as Exhibit "B" is a list of permitted title exceptions to the Property ("Permitted Exceptions"). Attached hereto and incorporated herein by reference as Exhibit "C" is a list of title insurance exceptions which are unacceptable to Purchaser ("Exceptions"). Seller agrees to remove the Exceptions at or prior to Closing. Seller also agrees to comply, at or prior to Closing, with all requirements shown on the title insurance commitment on the Property which will be issued prior to the Closing ("Requirements"). The removal of such Exceptions and compliance with such Requirements shall be subject to the reasonable satisfaction of the Title Company.
Title Report; Survey. Buyer has received the title insurance commitments dated July 31, 2006 for the Waverly land and August 24, 2006 for the Austin land (the “Commitments”) from First American Title Insurance Company (which company, in its capacity as title insurer hereunder, is herein called the “Title Company”). In addition, Seller has delivered and Buyer has received the surveys of the Austin Land and the Waverly Land in Seller’s possession (the “Surveys”). If Buyer shall fail to deliver the “Termination Notice” as hereinafter defined on or before the end of the “Due Diligence Period” (as hereinafter defined), Buyer shall be deemed to have approved the exceptions to title shown on the Commitments and the matters disclosed on the Surveys and such other title or survey matters as are disclosed to Buyer during the Due Diligence Period.
Title Report; Survey. (a) Purchaser shall obtain a commitment (the "Commitment") to issue a policy of title insurance prepared by a title company acceptable to Purchaser (the "Title Company") in such form as Purchaser may desire, with such endorsements as Purchaser may desire which are available. Immediately prior to the Closing, the Commitment shall be endorsed to advance its effective date, and, at Closing, the Commitment shall be marked up by the Title Company in order to assure Purchaser that (i) the title to the Property is in the condition required hereunder as of the Closing Date and (ii) such coverage shall extend during the period between the most recent
Title Report; Survey. (a) The Purchaser shall have received a certification issued by the Property Registry as of the Closing Date with respect to owned real property included in the Assets.
Title Report; Survey. Seller has delivered to Buyer a copy of a preliminary title report (“Preliminary Title Report”) dated July 12, 2004, covering the Property from Chicago Title Company. In addition, Seller has delivered to Buyer that certain survey of the Property dated March 13, 2003, prepared by Kappa Survey and Mapping, Inc. and identified as Job No. 12229E7 (“Survey“). If Buyer shall fail to deliver the “Termination Notice” (as hereinafter defined) on or before the end of the Due Diligence Period, Buyer shall be deemed to have approved the exceptions to title shown on the Preliminary Title Report and the matters disclosed on the Survey and such other title or survey matters as are disclosed to Buyer during the Due Diligence Period.
Title Report; Survey. Buyer hereby acknowledges that Seller has delivered or will make available to Buyer: (i) a copy of a preliminary title report or commitment for title insurance from Title Company covering the Property (collectively, the “Preliminary Title Report”), and (ii) a copy of the most recent existing survey in Seller’s possession relating to the Property (collectively, the “Survey”). Except as expressly set forth in this Agreement, all title exceptions and matters set forth in the Preliminary Title Report and on the Survey shall be deemed Permitted Exceptions and are hereby approved by Buyer. Buyer is solely responsible for obtaining any updated title commitments, surveys, or any other title related matters Buyer desires with respect to the Property. Buyer acknowledges that Seller has advised Buyer that it should either obtain an abstract covering the Property examined by an attorney of Buyer’s selection, or Buyer should be furnished with or obtain a title policy in connection with its purchase of the Property. 4.5.2
Title Report; Survey. On or before the Contract Date, Acquiror has furnished Contributor with a preliminary title report issued by the Title Company covering the Real Property (the "Title Report") and a written notice specifying those title exceptions which are not acceptable to Acquiror, which objection may include matters shown on any updated or re-certified survey which Acquiror may obtain (the "Disapproved Exceptions"). Acquiror's failure to designate as one of the Disapproved Exceptions a title exception shown on the Title Report shall constitute Acquiror's approval of such title exception (all such title exceptions shall be the "Permitted Exceptions"). Contributor shall use commercially reasonable efforts to cause the removal of all Disapproved Exceptions on or before the Closing Date, except that (i) Contributor shall have no obligation to cause the removal of any Disapproved Exception created by NELPP, and (ii) liens of an ascertainable amount and other items which can be removed by the payment of money shall be paid and discharged by Contributor at or before the Closing. Acquiror shall have the rights set forth in Section 9.4 if any Disapproved Exceptions cannot be removed by Contributor at or prior to the Closing.
Title Report; Survey. Seller has delivered to Buyer a copy of a Title Commitment (“Title Commitment”) dated June 29, 2006 covering the Property from Fidelity National Title Insurance Company (the “Title Company”) located at 0 Xxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, Attn: Xxx Xxxxx/Xxxx X. Xxxxxxx, Vice President/Senior Counsel. In addition, Seller has delivered to Buyer that certain draft survey of the Property received by Buyer on August 22, 2006, prepared by Xxxxxxx Surveying Group (for Xxxx & Xxxxx) and identified as Job No. BSG# B060183A (“Survey”). Buyer is deemed to have approved the exceptions to title shown on the Title Commitment, the matters disclosed on the Survey and such other title or survey matters as were disclosed in writing to Buyer prior to the date of this Agreement.
Title Report; Survey. (a) Buyer hereby acknowledges that Sellers have delivered or made available to Buyer: (i) a copy of Commitment Number 831565 (O-NY-CP-LX) effective date November 18, 2016, last revised December 27, 2016, issued by Title Company covering the Properties (the “Preliminary Title Report”); and (ii) a copy of the following survey, which represents the most recent existing survey in Sellers’ possession relating to the Properties: ALTA/ACSM Land Title Survey for Landmark at Eastview, last revised December 29, 2016, performed by First Order, LLC, Project No. 4969 (the “Survey”). Any matter reflected on the Survey is conclusively deemed to have been approved by Buyer. Buyer is solely responsible for obtaining any updated title commitments, surveys, or any other title-related matters Buyer desires with respect to the Properties.
