Examples of New Title Matter in a sentence
If following the Effective Date, Buyer shall become aware that title to the Property is subject to encumbrances other than the Permitted Exceptions (herein, a “New Title Matter”), then Buyer shall notify Seller in writing of such New Title Matter.
The parties acknowledge and agree that Seller shall have no obligation to cure or remove any New Title Matter that is not a Removal Item, unless and until Seller agrees in writing to Buyer to cure or remove such New Title Matter.
If the cost to Cure such Involuntary Lien or Involuntary Encumbrance, together with the cost to Cure all other Involuntary Liens and Involuntary Encumbrances of which the Purchaser or any Seller has received written notice pursuant to the preceding sentence after the date hereof and prior to Closing (each, a “New Title Matter”), does not exceed $2,500,000, such Seller shall be obligated to Cure such New Title Matter prior to or at Closing, at such Seller’s sole cost and expense.
If Buyer exercises the right to terminate this Agreement in accordance with Sections 6.3 (including without limitation for any New Title Matter) or 6.4 hereof, this Agreement shall terminate as of the date the termination notice is given by Buyer (except as to such matters that are expressly specified to survive the termination of this Agreement), and Escrow Holder shall return the Deposit to Buyer.
If Seller does not agree to cure or remove the New Title Matter, Seller shall notify Buyer in writing within fifteen (15) days after receipt of Buyer’s notice of the New Title Matter.
At such time as either Seller or Purchaser gains actual knowledge of a New Title Matter, the party gaining such knowledge shall give the other written notice of the such new matter, providing such reasonable detail regarding such matters as may then be available.
Seller may by notice to Purchaser extend the scheduled Closing or the Outside Closing Date for up to thirty (30) days to allow additional time to cure a New Title Matter which is an Unpermitted Exception.
If such Seller does not timely provide a Seller New Title Matter Election Notice to Buyer within such time period, then such Seller shall be deemed to have elected not to remove or cure such New Title Matter pursuant to clause (B) of the preceding sentence.
If Seller shall fail to satisfy any New Title Matter prior to the applicable Closing, Buyer shall be entitled to take any action necessary to clear such New Title Matters and receive a credit against the applicable Purchase Price for the costs and expenses thereof.
In the event that any matters of title or survey that are specified in any update of such Title Commitment or Survey with respect to the Property (a "New Title Matter") were not in the original Title Commitment, then Buyer shall notify Seller in writing of any such title or survey matter to which Buyer objects (the "Title Notice") within five (5) business days after Buyer's receipt of such update.