Examples of Mandatory Cure Item in a sentence
Notwithstanding the foregoing, Seller shall cause the removal of any Mandatory Cure Item at or before the Closing.
A Seller’s failure to cure, at or prior to Closing, any Mandatory Cure Item (other than Permitted Encumbrances) with respect to such Seller’s Property shall constitute a Seller default, entitling Buyer to exercise its remedies pursuant to Section 15(b).
Seller must cure any later objection which is a Mandatory Cure Item or a matter created or arising in violation of any of Seller’s obligations under this Agreement.
If Seller fails to remedy any Title Defect that is not a Mandatory Cure Item prior to Closing, Purchaser may, in its sole discretion, either (a) terminate this Agreement and receive return of the Xxxxxxx Money, other than $100.00 thereof, which shall be retained by Seller as independent consideration for its execution of this Agreement or (b) waive such Title Defect and consummate the Closing.
In the event Seller selects option (ii) or is deemed to have elected option (ii) (other than with respect to a Mandatory Cure Item), Buyer may, at its sole election: (A) terminate this Agreement at any time prior to expiration of the Due Diligence Period, or (B) subject to Section 4(e) hereof, elect to proceed with the Closing subject to all such Title Objections.
The premium and any additional costs for the ALTA extended coverage additional to the premium for CLTA coverage, the cost of any endorsements to the Title Policy, the cost of any Updated Survey shall be paid by Purchaser; provided, however, Seller shall pay the cost of any endorsement required to eliminate or ameliorate any Mandatory Cure Item.
If Sellers are either unable or unwilling to provide for the removal of one or more of such additional Title Objections or does not agree to cure such Title Objections (provided that Sellers cannot decline to cure any Mandatory Cure Item), within such five (5) Business Day period, then, at Buyer’s option, this Agreement may be Terminated upon written notice given by Buyer to Sellers on or before the third (3rd) Business Day after such five (5) Business Day period.
Notwithstanding the foregoing, any additional title or survey matters identified by the Title Company in an updated Title Commitment that are not specifically identified in a Notice of Title Objection within such five (5) day period other than a Mandatory Cure Item shall also be deemed to be a Permitted Exception.
Any Title Objections that Purchaser has waived or is deemed to have waived shall also be Permitted Exceptions, but in no event shall any Mandatory Cure Item appear as a Permitted Exception in the Deed or Owner’s Policy (both of which terms are defined in Section 6(b)).
Purchaser shall pay the cost of any endorsements to Purchaser’s title policy (except for such endorsements as may be required to remove a Mandatory Cure Item, which shall be borne by Seller).