Title Evidence and Encumbrances Sample Clauses

Title Evidence and Encumbrances. The Developer is, or prior to the Commencement Date the Developer will be, the fee owner of the Development Property, as evidenced by the Attorney’s Title Opinion or Commitment for Title Insurance or Policy of Title Insurance attached hereto as Exhibit “C”, showing the property to be free and clear of all encumbrances except the encumbrances identified in Exhibit “D” attached, it being understood that encumbrances listed in Exhibit “D” may be currently in place or may be allowed to be placed in the future. The Developer agrees not to place or allow to be placed against the Development Property any encumbrances except those listed in Exhibit “D” until after the Acceptance Date. If any encumbrance(s) other than those listed in Exhibit “D” are placed against the Development Property prior to the Acceptance Date, whether with or without the Developer’s knowledge, the Developer hereby agrees to remove or cure such encumbrance(s) within Sixty (60) days of receiving notice of said encumbrance(s). In addition to the title evidence provided herewith in Exhibit “C”, the Developer agrees to provide, prior to the Commencement Date, an Attorney’s Preliminary Title Opinion addressed to the Township or a Commitment for Title Insurance in an amount acceptable to the Township and running in favor of the Township, warranting that the Township will be the record owner, free and clear of all encumbrances except this Agreement and those listed on Exhibit “D” attached hereto, of all roads and turnarounds within the Subdivision on the date of recording of the Final Plat; and further warranting that the road(s) within the Subdivision will have legal access to an already existing Township, county, or state road. The Developer further agrees to provide, prior to the Acceptance Date, an Attorney’s Final Title Opinion addressed to the Township or a Policy of Title Insurance running in favor of the Township, pursuant to the terms of Section 2.1.19 (c) herein.
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Related to Title Evidence and Encumbrances

  • Title Encumbrances Is the Property sold subject to any Encumbrances? No Yes, listed below: ■ WARNING TO SELLER: You are required to disclose all Title Encumbrances which will remain after settlement (for example, easements on your title and statutory easements for sewerage and drainage which may not appear on a title search). Failure to disclose these may entitle the Buyer to terminate the contract or to compensation. It is NOT sufficient to state "refer to title", "search will reveal", or similar. Tenancies: TENANTS NAME: ■ If the property is sold with vacant possession from settlement, insert 'Nil'. Otherwise complete details from Residential Tenancy Agreement. TERM AND OPTIONS: STARTING DATE OF TERM: ENDING DATE OF TERM: RENT: BOND: $ $ Managing Agent: AGENCY NAME: PROPERTY MANAGER: ADDRESS: SUBURB: STATE: POSTCODE: PHONE: FAX: MOBILE: EMAIL: POOL SAFETY

  • Liens and Encumbrances The Company shall not directly or indirectly make, create, incur, assume or permit to exist any assignment, transfer, pledge, mortgage, security interest or other lien or encumbrance of any nature in, to or against any part of the Pledged Property or of the Company's capital stock, or offer or agree to do so, or own or acquire or agree to acquire any asset or property of any character subject to any of the foregoing encumbrances (including any conditional sale contract or other title retention agreement), or assign, pledge or in any way transfer or encumber its right to receive any income or other distribution or proceeds from any part of the Pledged Property or the Company's capital stock; or enter into any sale-leaseback financing respecting any part of the Pledged Property as lessee, or cause or assist the inception or continuation of any of the foregoing.

  • Title Evidence Seller agrees to share equally with Buyer the closing agent costs and the cost of a title insurance company’s commitment and standard ALTA form owner’s policy (except survey matters) to the Property, showing a marketable title vested in Seller, subject to easements, restrictions, covenants, and other matters of record. Any endorsements shall be paid solely by Buyer. The title evidence shall be presented to prospective Buyer on day of auction. Buyer acknowledges: (a) receipt of the title commitment prior to entering into this agreement; (b) review of the title commitment to the Buyer’s full satisfaction; and (c) waiver of any right to object to any exceptions listed therein. If Seller fails to satisfy all such title requirements imposed on Seller pursuant to title commitment, Buyer may, as its sole remedy and at Buyer’s election, either: (a) cancel this agreement and receive a return of Buyer’s xxxxxxx money and, in that event, this Agreement will be canceled and the parties will have no further obligations to each other; or (b) accept such title as Seller can deliver. Buyer waives any right to seek specific performance or to seek damages from Seller.

  • Permitted Encumbrances The term “Permitted Encumbrances” shall mean:

  • Encumbrances Create, incur, assume or suffer to exist any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens.

  • LIENS, CLAIMS AND ENCUMBRANCES The Contractor warrants and represents that all materials, equipment or services delivered herein are free and clear of all liens, claims, or encumbrances of any kind.

  • No Encumbrances Borrower has good and indefeasible title to the Collateral, free and clear of Liens except for Permitted Liens.

  • Permitted Exceptions The Property shall be conveyed subject to the matters which are, or are deemed to be, Permitted Exceptions pursuant to Article II hereof (herein referred to collectively as the “Permitted Exceptions”).

  • ENCUMBRANCES/LIENS The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with the UNDP against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor.

  • Liens Create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, other than the following:

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