Title Commitment and Survey. 3.1. Attached hereto as Exhibit D is a copy of a title commitment for an owner's standard title insurance policy issued by Chicago Title Insurance Company (hereinafter referred to as "Title Insurer") dated September 9, 1996 for the Property (the "Title Commitment"). For purposes of this Agreement, "
Title Commitment and Survey a. Attached hereto as Exhibit C is a title commitment with an effective date of September 6, 1995 ("Title Commitment") for an owner's standard coverage title insurance policy ("Title Policy") issued by Chicago Title Insurance Company ("Title Insurer"). The owner's Title Policy issued at Closing will be in the amount of the Purchase Price subject only to real estate taxes not yet due and payable, the general printed exceptions contained in the policy and the special title exceptions set forth in Schedule B approved by Purchaser in writing prior to the expiration of the Approval Period. All of the above are herein referred to as the "Permitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions therein stated. On the Closing Date, Seller shall cause the Title Insurer to issue the Title Policy or a "marked up" commitment in conformity with the Title Commitment and the Permitted Exceptions. Seller and Purchaser shall equally share the costs of the Title Policy; however, Purchaser shall pay the costs of "extended coverage" or any special endorsements which Purchaser requires.
Title Commitment and Survey. (a) Buyer has received and reviewed a copy of the Title Commitment and the Existing Survey. Buyer is solely responsible for obtaining any updated title commitments, surveys, or any other title related matters Buyer desires with respect to the Assets at Buyer’s sole cost and expense. Buyer shall have until not later than 5:00 p.m. Eastern Time on the date that is no later than ten (10) days prior to the end of the Due Diligence Period (the “Title Report Objection Date”), to notify Seller’s attorney in writing (the “Title Report Objection Notice”) as to any items shown on the Title Commitment (as updated if applicable) that Buyer believes are not Permitted Exceptions. Buyer’s failure to timely deliver the Title Report Objection Notice on or prior to the 5:00 p.m. Eastern Time on the Title Report Objection Date shall constitute Buyer’s irrevocable acceptance of the Title Commitment and Buyer shall be deemed to have unconditionally waived any right to object to any matters set forth therein. If Buyer timely delivers a Title Report Objection Notice, Seller shall have seven (7) days after receipt of such notice to notify Buyer (i) that Seller will remove or cause to be removed such objectionable exceptions from title on or before the Closing, in which case the provisions of subsection 8.3(b) shall apply; or (ii) that Seller elects not to cause such exceptions to be removed at which time Buyer may elect, prior to the end of the Due Diligence Period, to accept the Title in its current condition or terminate this Agreement in which event the Deposit shall be promptly delivered to Seller and the parties shall have no further obligations to each other except for those that expressly survive the termination of this Agreement. Nothing in this subsection shall require Seller, despite any election by Seller to attempt to discharge any title exceptions, to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, other than with respect to the Pre-Effective Date Seller Encumbrances, Post Effective Date Monetary Encumbrances and Post Effective Date Seller Encumbrances (as hereinafter defined) pursuant to Section 8.3 of this Agreement.
Title Commitment and Survey. (a) In the event (i) the Survey shows any easement, right-of-way, encroachment, conflict, protrusion or other matter affecting the Property that is unacceptable to Purchaser, or (ii) any exceptions appear in the Title Commitment other than the standard printed exceptions set forth in the standard Texas form of Commitment for Title Insurance, that are unacceptable to Purchaser, Purchaser shall within five (5) business days after receipt of the Survey, the Title Commitment and copies of all documents referred to as exceptions in the Title Commitment, notify Seller in writing of such facts and the reasons therefor ("PURCHASER'S OBJECTIONS"). Upon the expiration of said five (5) business day period, except for Purchaser's Objections if same are timely raised, Purchaser shall be deemed to have accepted the form and substance of the Survey, all matters shown thereon, all exceptions to the Title Commitment and other items shown thereon. Notwithstanding anything to the contrary contained herein, except as otherwise set forth in SECTION 4.1.3 of this Agreement, Seller shall have no obligations to take any steps or bring any action or proceeding or otherwise to incur any effort or expense whatsoever to eliminate or modify any of the Purchaser's Objections. In the event Seller is unable or unwilling to eliminate or modify all of Purchaser's Objections to the reasonable satisfaction of Purchaser, Purchaser may (as its sole and exclusive remedy) terminate this Agreement by delivering notice thereof in writing to Seller by the earlier to occur of (i) the Closing Date or (ii) five (5) days after Seller's written notice to Purchaser of Seller's intent to not cure one or more of such Purchaser's Objections, in which event, the Xxxxxxx Money will be returned to Purchaser and neither party shall have any obligations hereunder other than the Surviving Obligations. Notwithstanding anything contained in this SECTION 4.1.2 to the contrary, in the event Purchaser does not receive all items to be delivered to Purchaser under SECTION 4.1(A) and (B) in the time frame set forth therein, Purchaser's rights shall be to terminate this Agreement as set forth in SECTION 4.1, and such rights shall not be modified or extended by the terms of this SECTION 4.1.2.
Title Commitment and Survey. 7.01 Seller shall, at its sole cost and expense, deliver to Purchaser within five (5) days after the execution of this Agreement (a) an ALTA "as-built" survey for the Real Property which meets ALTA/ACSM 1992 requirements, certified to Purchaser, its lender, if any, and the title company (herein the "Survey") in form sufficient for the title company to remove the preprinted survey exception and (b) from Chicago Title Insurance Company, a commitment for owner's title insurance for the Real Property (herein the "Owner's Title Commitment") with all preprinted exceptions deleted. Purchaser shall notify Seller within 15 days of receipt of the later of the survey or the Owner's Title Commitment of any exceptions, defects or objections to title, or conditions of the Real Property disclosed in the survey and/or Owner's Title Commitment other than the Permitted Encumbrances or the Leases (herein Purchaser's objections, to any such exceptions, defects or objections being collectively referred to as "Objections" or "Objection"). Purchaser's failure to give notice of Objections within said fifteen day period, as provided herein shall constitute an election by Purchaser to terminate this Agreement.
Title Commitment and Survey. Seller shall cause to be delivered to Purchaser on or prior to the date that is five (5) days after the Effective Date, any existing survey for each of the Belward Real Property and the Traville Real Property in Seller’s or any Property Entity’s possession or control. Purchaser may, in its sole discretion, obtain a new ALTA-ACSM Urban survey of the Property (the “Survey”), including a certification addressed to Purchaser, substantially in the form attached hereto as Exhibit F. The Survey shall plot all plotable easements benefiting the Property. Within ten (10) days after the Effective Date, Purchaser shall order a current, effective commitment to issue the title insurance products described in Sections 5.2(h) and 5.2(i) (the “Title Commitments”) for each of the Belward Real Property and the Traville Real Property issued by the Title Company. Prior to the respective Closing Date, Purchaser shall order a date-down of the Title Commitments to the date of the request. If there are any new exceptions on either Title Commitment, then Seller shall work with the Title Company and Purchaser to remove or modify the new exceptions in accordance with Section 3.3.
Title Commitment and Survey. 3.1. Attached hereto as Exhibit D is a copy of a title commitment for an owner's standard title insurance policy issued by First American Title Insurance Company (hereinafter referred to as "Title Insurer") dated July 12, 1996 as to real property located in Fulton County, Georgia and Augusx 00, 1996 as to real property located in DeKalb County, Georgia for the Property (the "Title Commitment"). For purposes of this Agreement, "
Title Commitment and Survey. 3.1. Seller has ordered a title commitment for an owner's standard title insurance policy issued by Near North National Title Corporation , as agent for First American Title Insurance Company (hereinafter referred to as "Title Insurer") for each Real Property (the "Title Commitments"). Seller shall deliver the Title Commitments and copies of all documents of record creating exceptions to coverage to Purchaser within twenty-one (21) days after the date hereof. For purposes of this Agreement, "
Title Commitment and Survey. Purchaser, at Sellers' expense, shall promptly after the Effective Date order a title commitment for the Property, together with copies of all instruments referred to in said title commitment, and a survey of the Property, copies of all of which shall promptly be provided to Source. Purchaser shall notify Source in writing of any title matters listed in the title commitment or matters depicted on the survey of which Purchaser disapproves (the "TITLE Objections"). Any matters to which Purchaser does not object as provided above shall be deemed to be Permitted Exceptions. In the event Purchaser so notifies Source of any Title Objections within a reasonable period of time, but in no event less than five (5) Business Days prior to the expiration of the Study Period, Source shall notify Purchaser in writing prior to the expiration of the Study Period whether it will attempt to eliminate or cure such disapproved matters or to make arrangements to have such disapproved matters eliminated, cured, or removed of record from title by bonding or otherwise at or prior to the Closing. If Source fails to notify Purchaser that it is willing to attempt to eliminate or cure such matters, then Source and Sellers shall be deemed to have elected not to take such action, in which event all parties shall be released and discharged of any further liability and the Deposit shall be returned to Purchaser.