Marketable Title. Upon payment of the purchase price, a Deed for the property shall be executed by the Seller and shall convey the property to the Buyer. Title to the property shall be good and marketable, free of liens, encumbrances, subject to all applicable ground rent, covenants, conditions, restrictions, easements, rights of way, laws, ordinances, regulations, charges, taxes and assessments, rights of others in party walls of the Property, and any other matters of record. The buyer has the right to choose his own settlement agent or attorney to conduct settlement. In the event that Seller cannot convey good and marketable title, the Purchaser(s) sole remedy in law or equity shall be limited to the refund of the deposit. Upon refund of the deposit, this sale shall be null and void and of no effect, and the Purchaser shall have no further claim against the Seller(s) or Auctioneers.
Marketable Title. To execute and deliver or cause to be executed and delivered such instruments as may be required by the Lessor and Title to provide Lessor with a marketable, valid title to the Leased Premises subject only to such exceptions to title as may be reasonably approved by Lessor.
Marketable Title. The Borrower has good and marketable title to all its properties and assets subject to no Lien, except Permitted Liens.
Marketable Title. Seller will convey to Buyer good and marketable title in and to the Securities, free and clear of any and all liens, encumbrances, other pledges or security interests and all other defects of title of any type whatsoever. The Securities shall not be subject to any restrictions imposed by the Company.
Marketable Title. Seller, shall convey good and marketable title by General Warranty Deed, subject only to general taxes for the current year not yet due and payable and utility easements which do not interfere with the present use of the Property.
Marketable Title. Landlord hereby covenants and warrants (i) that Landlord owns indefeasible title to the Center; (ii) there are no legal impediments to the use by Tenant of the Premises as an off price full line department store in accordance with the terms of this Lease; (iii) the Center is free and clear of any and all liens and encumbrances, easements and restrictions, except ad valorem taxes not due and payable and those matters set forth in Exhibit "C" hereto, none of which shall encroach upon the Premises or hinder or interfere with Tenant's use and enjoyment thereof in accordance with this Lease; (iv) that Landlord has full right and is duly authorized to enter into the terms of this Lease, and that the execution of this Lease in no way violates or breaches any of the material terms and conditions of any of the documents forming the title to the Center, or violates or breaches any of the terms and conditions of any mortgages or other documents encumbering the Center; and (v) that the Tenant at all times shall have unobstructed and adequate means of ingress and egress between each of the entrances to the Premises and a public street or public highway, as shown on Exhibit "A". Before tendering the Premises for fixturing, the Landlord shall deliver to the Tenant a title insurance binder or opinion of counsel evidencing the state of Landlord's title as of a date not earlier than the date hereof and an opinion of counsel regarding the state of such title shall be delivered to the Tenant sixty (60) days prior to acceptance of possession by the Tenant. The aforementioned title insurance binder shall contain as an exhibit any deed restrictions on the Premises or Center. Tenant and Landlord covenant that the signatures to this Lease have full right and power to enter into this Lease for the full Term and upon all conditions contained herein. This Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant.
Marketable Title. Seller shall convey title to the real estate to the Buyer free of all encumbrances except easements and restrictions of record by good and sufficient warranty deed. Seller shall furnish to Buyer an Owner's Policy of Title Insurance to said real estate showing marketable or insurable record title. Said title insurance commitment shall be delivered to the Buyer or the attorney designated by Buyer for examination. If any defects in the title are present, Seller shall have a reasonable time to correct said defects. Seller and Buyer shall be equally responsible for the cost of an Owner’s Policy of Title Insurance. Any additional title insurance coverage that may be required by Buyer or Buyer’s lender shall be borne entirely by Buyer. This contract is not contingent upon a survey being performed. Seller is not responsible for providing or paying for a survey, marking boundaries, or fencing unless otherwise noted.
Marketable Title. Seller, shall convey good and marketable title by Special Warranty Deed, in the form attached hereto as EXHIBIT C, subject only to general taxes for the current year not yet due and payable and utility easements which do not interfere with the present use of the Property and the exceptions listed on EXHIBIT G hereto ("Permitted Exceptions").
Marketable Title. The Seller has, or will have on the Closing Date, good and marketable title to all the Purchased Assets, free and clear of all mortgages, liens (statutory or otherwise), security interests, claims, pledges, licenses, equities, options, conditional sales contracts, assessments, levies, easements, covenants, reservations, restrictions, rights-of-way, exceptions, limitations, charges or encumbrances of any nature whatsoever except for taxes not yet due and payable and the interests of the lessors under Real Property Leases (collectively, "Liens"). Except as described on Schedule 4.12(a), none of the Purchased Assets are subject to any restrictions with respect to the transferability thereof. Except as described on Schedule 4.12(a), the Seller has complete and unrestricted power and right to sell, assign, convey and deliver the Purchased Assets to Buyer as contemplated hereby. On the Closing Date, Buyer will receive good and marketable title to all the Purchased Assets, free and clear of all Liens of any nature whatsoever.
