Coal Notice. NOTICE -- THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and it not intended as notice of unrecorded instruments, if any.) Unless the foregoing notice is stricken, the deed shall contain the notice as above set forth and shall also contain, and the Buyer shall sign, the notice specified in the Bituminous Mine Subsidence and Land Conservation Act of 1966. WITNESS the due execution hereof as of the date first written above. BUYER: ATTEST/WITNESS: By: _ Name: Title: SELLER: FIRST NATIONAL BANK OF PENNSYLVANIA ATTEST: By: _ Name: Title: EXHIBIT “A”
Coal Notice. NOTICE -- THIS AGREEMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded instruments, if any.)
Coal Notice. (a) THIS DOCUMENT DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THIS INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [The remainder of this page has intentionally been left blank.]
Coal Notice. This paragraph must be part of the Agreement if the rights to the land have been severed from any rights to coal underneath the land. In most cases, if the Coal Notice is applicable the deed will contain a statement substantially similar to the sentence in quotes. The purpose of the provision is to inform the Buyer of the possible lack of surface support resulting from the removal of substances below the surface so that the Buyer can conduct the proper inspection. The Buyer may want to consult with structural engineers or other professionals to determine the structural integrity of the Property. When this Subparagraph is not applicable it is not necessary to strike the text from the form. Subparagraph (J): Recreational Cabins The Pennsylvania Construction Code Act sets forth uniform construction standards across the Commonwealth. The Act does not apply to recreational cabins, however, if 1) the cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and 2) the owner of the cabin files with the municipality either an affidavit attesting that the cabin meets the definition of a “recreational cabin” as stated in the Act or valid proof of insurance for the cabin. See 35 P.S. §7210.104 for further details. A recreational cabin is a structure which is 1) utilized principally for recreational activity; 2) not utilized as a domicile or residence for any individual for any time period; 3) not utilized for commercial purposes; 4) not greater than two stories in height, excluding basement; 5) not utilized by the owner or any other person as a place of employment; 6) not a mailing address for bills and correspondence; and 7) not listed as an individual’s place of residence on a tax return, driver’s license, car registration or voter registration. If a recreational cabin is excluded from the Act, then the exemption must be noted in both the Agreement and the deed. If this is not done, then the Buyer may be required to bring the Property up to full Code compliance or may be able to render the sale void. Subparagraph (K): Private Transfer Fees Some Property in Pennsylvania may be subject to Private Transfer Fees, which are defined in Subparagraph (J)(2). The default language is that the Property is not subject to a Private Transfer Fee. If you know that the transfer of the Property will require a fee, fill in the blank provided.
Coal Notice. This Paragraph must be part of the Agreement if the rights to the land have been severed from any rights to coal underneath the land. In most cases, if the Coal Notice is applicable the deed will contain a statement substantially similar to the sentence in quotes. The purpose of the provision is to inform the Buyer of the possible lack of surface support resulting from the removal of substances below the surface so that the Buyer can conduct the proper inspection. The Buyer may want to consult with structural engineers or other professionals to determine the structural integrity of the Property. Where this Subparagraph is not applicable it is not necessary to strike the text from the form.
Coal Notice. (Where Applicable) THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) “Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966.” Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision.
Coal Notice. This Paragraph must be part of the Agreement if the rights to the land have been severed from any rights to coal underneath the land. In most cases, if the Coal Notice is applicable the deed will contain a statement substantially similar to the sentence in quotes. The purpose of the provision is to inform the Buyer of the possible lack of surface support resulting from the removal of substances below the surface so that the Buyer can conduct the proper inspection. The Buyer may want to consult with structural engineers or other professionals to determine the structural integrity of the Property. When this Paragraph is not applicable it is not necessary to strike the text from the form. Subparagraph (J): Private Transfer Fees Some Property in Pennsylvania may be subject to Private Transfer Fees, which are defined in subparagraph (J)(2). The default language is that the Property is not subject to a Private Transfer Fee. If you know that the transfer of the Property will require a fee, fill in the blank provided. Paragraph 20: MAINTENANCE & RISK OF LOSS Subparagraph (A): Seller to Maintain The Seller is responsible for maintaining all parts of the Property included in the sale in the same condition they are in at the time the Agreement is executed, normal wear and tear excepted. Items that are not going to be repaired or replaced by the Seller should be prominently stated by the Seller. Identifying these items prior to signing will help avoid last minute fights where the Buyer might assume that a repair would take place after signing. The best place for this would be Paragraph 7 or a separate addendum. Note: The definition of “Property” includes the grounds, fixtures, appliances and personal property specifically listed in the Agreement.
Coal Notice. NOTICE - THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [THIS NOTICE IS SET FORTH IN THE MANNER PROVIDED IN SECTION 1 OF THE ACT OF JULY 17, 1957, P.L. 984, AS AMENDED, AND IS NOT INTENDED AS NOTICE OF UNRECORDED INSTRUMENTS, IF ANY.]
Coal Notice. 61 SCHEDULES AND EXHIBITS Exhibits -------- Exhibit A Schedule of Contracts Exhibit B Form of Xxxx of Sale Exhibit C Intentionally Omitted Exhibit D Form of Agreement of Assignment and Assumption of Assumed Contracts Exhibit E Form of Deeds Exhibit F Form of FIRPTA Certificate Exhibit G Form of General Assignment and Assumption Agreement Exhibit H Form of Ground Lease Assignment and Consents Exhibit I Ground Leases Exhibit J Hotel Parcels Exhibit K Hotel Properties Exhibit L Form of Marks Agreements Exhibit M Form of Newco Warrant Agreement Exhibit N Form of Agreement for Assignment and Assumption of Offsite Rights Exhibit O Scheduled Capital Expenditures Exhibit P Form of Sellers' Closing Certificate Exhibit Q Survey of Each Hotel Parcel Exhibit R Form of Tenant Estoppel Certificate Exhibit S Form of Tenant Leases Assignment Exhibit T Form of Ground Lease Estoppel Certificate Exhibit U Form of Notice to Tenant of Sale of Hotel (Lease) Schedules ---------
Coal Notice. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT.
