Examination of Title. Lessee shall have fifteen (15) days from the date of receipt of title report to examine the title to the property and to report, in writing, any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing with said fifteen (15) days. If Lessee objects to any exceptions to the title, Lessor shall use all due diligence to remove such exceptions at his/her own expenses within sixty (60) days thereafter. But if such exceptions cannot be removed within the sixty (60) days allowed, all rights and obligations hereunder may, at the election of the Lessee, terminate and end unless he/she elects to purchase the property subject to such exceptions.
Examination of Title. Within ten (10) days of Buyer’s receipt of the last item of the Evidence of Title, Buyer may give Seller written notice of alleged defect(s) in the marketability of Seller’s actual and record title to the Property and request that Seller make Seller’s title marketable (“Objections”). The Permitted Encumbrances may not serve as a basis for an Objection. Any defects in the marketability of Seller’s title to the Property which Buyer does not object to, in writing, within the time period set forth above, shall be deemed Permitted Encumbrances. Within three (3) days of Seller’s receipt of Buyer’s Objection(s), Seller must notify Buyer, in writing, if Seller will attempt to make Seller’s title to the Property marketable. If Seller notifies Buyer that Seller will attempt to make Seller’s title to the Property marketable, Seller must use Seller’s reasonable efforts to do so as promptly as reasonably possible. If Seller notifies Buyer that Seller will attempt to make Seller’s title to the Property marketable, Seller shall have up to thirty (30) days from Seller’s receipt of Buyer’s Objections to do so, the Date of Closing shall be postponed and the new Date of Closing shall be established pursuant to the provisions of this Section 11. If Seller makes Seller’s title marketable within thirty (30) day period, Seller shall promptly notify Buyer, in writing, and the Parties shall close pursuant to the terms of the Agreement. The new “Date of Closing” shall be the date ten (10) days from the date Seller notifies Buyer that Seller’s title is marketable. If Seller notifies Buyer that Seller does not intend to make Seller’s title marketable or if Seller notifies Buyer that Seller intends to make Seller’s title marketable but, not withstanding Seller’s use of Seller’s reasonable efforts, Seller is unable to do so within thirty (30) days from Seller’s receipt of Buyer’s Objections, Buyer may either:
Examination of Title a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the surveyor Reference Plan delivered to the Purchaser.
Examination of Title. (a) Seller shall convey title to the Property by Limited Warranty Deed subject to: (i) all taxes for the year in which the Closing occurs and subsequent years not yet due and payable; (ii) zoning and other ordinances affecting the Property; (iii) all matters which would be shown by current accurate survey and inspection of the Property, and (iv) all matters of record (the foregoing Section 5 (a)(i) – (iv) being hereinafter referred to collectively as the “Permitted Title Exceptions”). Within forty- five (45) days from and after the Effective Date, Buyer shall obtain and deliver to Seller an owner’s title insurance commitment for the Property and may notify Seller in writing of any objections to the Permitted Title Exceptions. In the event Xxxxx does not notify Seller prior to the end of said forty (45) day period of any unacceptable defects in the Permitted Title Exceptions, Buyer shall have waived the right to object to same and shall have agreed to accept title subject to the Permitted Title Exceptions. In the event Buyer notifies Seller of any defects to the Permitted Title Exceptions prior to the expiration of said forty-five (45) day period, Seller shall notify Buyer within five (5) business days of its receipt of Buyer’s notice as to which title defects Seller shall cure or refuse to cure; provided, in no event shall Seller be obligated to cure any such defects other than mortgages or other monetary liens caused by Seller capable of being satisfied by payment of a sum certain. If Seller fails to give Buyer written notice as to which title defects Seller shall cure or refuse to cure, Seller shall be deemed to have refused to cure such title defects. Buyer shall have five (5) business days from receipt of Seller’s notice in which to elect to accept the Property subject to such matters without deduction from the Purchase Price, or to decline to accept the Property in which event the Deposit shall be returned to Buyer, and this Agreement shall terminate, and the parties shall have no further obligations hereunder, except as to matters which expressly survive as set forth in this Agreement. If Xxxxx fails to give Seller written notice of Xxxxx's election by the end of said five (5) business days period, then Buyer shall be deemed to have elected to accept the Property subject to the Permitted Title Exceptions without deduction from the Purchase Price. If Seller satisfies all such title defects and encumbrances prior to Closing, then the transaction contem...
Examination of Title. Seller shall, within ten (10) days of this Agreement, furnish Buyer with an abstract of title or a registered property abstract certified to date including proper searches covering bankruptcies and state and federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the abstract of title or registered property abstract either to have Xxxxx's attorney examine the title and provide Seller with written objections (“Objections”) or, at Buyer's own expense, to make an application for a title insurance policy and notify seller of the application. Buyer shall have ten (10) business days after receipt of the commitment for title insurance to provide Seller with a copy of the commitment and written Objections. Buyer shall be deemed to have waived any title Objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory warranty deed, unless a warranty deed is not specified above.
Examination of Title. The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue to BUYER, upon recording of the deed, an owner’s policy of title insurance in the amount of the Purchase Price, insuring BUYER’s marketable title to the real property, subject only to the matters contained in Paragraph 16 and those to be discharged by SELLER at or before Closing. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. BUYER shall have five (5) days from date of receiving the Title Commitment to examine it, and if title is found defective, notify SELLER in writing specifying the defect(s), which renders title unmarketable. SELLER shall have ( ) days from receipt of notice to remove the defect(s), (the “Cure Period”), failing which BUYER shall, within five (5) days after expiration of said Cure Period, deliver written notice to SELLER either: (A) extending the Cure Period; (B) waiving the defect(s); or (C) requesting a refund of the Deposit(s) paid which shall be returned to BUYER, thereby releasing BUYER and SELLER from all further obligations under this Agreement. If BUYER fails to so notify SELLER, BUYER shall be deemed to have accepted the title in its existing condition. SELLER shall use diligent efforts to correct defect(s) within the Cure Period. Reasonable diligence will not include the requirement of SELLER to bring an action at law or equity to cure said defect(s). Upon the defect(s) being cured and notice of that fact being delivered to BUYER or BUYER’s agent, this transaction shall then be closed within ten (10) days of the delivery of the notice. If SELLER delivers the Title Commitment to BUYER less than five (5) days prior to Closing, BUYER may extend Closing so that BUYER shall have up to five (5) days from date of receipt to examine same in accordance with this provision.
Examination of Title. In addition to any encumbrances assumed or taken "subject to", Seller will convey title to the property subject only to: [1] real estate taxes not yet due; and [2] covenants, conditions, restrictions, r ights of way and easements of record, if any, which do not materially affect the value or intended use of the property. Within three (3) days after acceptance, Buyer will order a Preliminary Title Report and copies of CC&Rs and other documents of record if applicable. Within ten (10) days after receipt, Xxxxx will report to Seller in writing any valid objections to title contained in such report (other than monetary liens to be paid upon close of escrow). If Xxxxx objects to any exceptions to the title, Seller will use due diligence to remove such exceptions at his or her own expense before close of escrow. If such exceptions cannot be removed before close of escrow, this Agreement will terminate, unless Buyer elects to purchase the property subject to such exceptions. If Xxxxxx concludes he or she is in good faith unable to remove such objections, Seller will so notify Buyer within ten
Examination of Title. Lessee shall have days from the date of receipt of title report to examine the title to the property and to report, in writing, any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing with said timeframe. If Lessee objects to any exceptions to the title, Lessor shall use all due diligence to remove such exceptions at his/her own expenses within sixty (60) days thereafter. But if such exceptions cannot be removed within the sixty (60) days allowed, all rights and obligations hereunder may, at the election of the Lessee, terminate and end unless he/she elects to purchase the property subject to such exceptions.
Examination of Title. Closing to be held at: Harborvest Title (Title Company). Whose address is: 0000 Xxxxxx Xxxxx Xxxx Xxxxx 000, Xxxxx, XX 00000 (Address). Buyer or Seller will employ the use of an escrow, title company and/or closing agent to perform a title search and examine title to property. Buyer reserves right to rescind this contract if the title to be conveyed by seller is not good and marketable, clear of all liens, encumbrances, defects and/or burdens. If any title or lien defects appear, seller agrees to grant an extension in order to clear any title or lien defects and/or to complete closing documentation.
Examination of Title. Purchaser shall have until the Title Examination Deadline to examine title to the Property and to prepare and examine any survey of the Land and to notify Seller in writing of any defects in title (including any Record Exceptions which are not acceptable to Purchaser) or survey which may be revealed by Purchaser's examination (which such defects shall include any matters which would be revealed by a current as-built survey of the Land); any such notice shall be accompanied by a copy of Purchaser's title report or title insurance commitment and Purchaser's survey and any other materials which evidence or disclose such objections to title. In the event that Purchaser fails to notify Seller on or before the Title Examination Deadline, then, notwithstanding any other provisions set forth herein, such failure to notify Seller timely shall constitute a waiver of such right to object to any such defects and this Agreement shall remain in full force and effect in accordance with its terms and the purchase and sale contemplated hereby shall be closed as herein provided except that Seller's conveyance to Purchaser shall be made expressly subject to all such matters of record and survey with respect to the Property not objected to by Purchaser and any other Permitted Title Exceptions.
