Common use of Title Commitment and Survey Clause in Contracts

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 Charter Title Company on behalf of Lawyers Title Insurance Corporation (hereinafter referred to as "Title Insurer") with an effective date of March 2, 1997 for the Property (the "Title Commitment"). For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxes, association assessments, special assessments, special district taxes and related charges not yet due and payable; (c) matters shown on the "Existing Survey" (hereinafter defined); (d) matters caused by the actions of Purchaser; and (e) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 2, 3, 4, 9, to the extent that same affect the Property. All other exceptions to title shall be referred to as "Unpermitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one half of the cost of the survey endorsement.

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 Charter Title Company on behalf of Lawyers Chicago Title Insurance Corporation Company (hereinafter referred to as "Title Insurer") with an effective date of March 2July 22, 1997 for the Property (the "Title Commitment")) together with legible copies of all exception matters set forth therein and the deed conveying title to the Property to Seller. Seller, at Seller's cost, shall obtain an ALTA survey for the Property (the "Updated Survey") and deliver the updated Survey to Purchaser within 20 days after the Seller's date of execution hereof, (i) bearing a certification dated after the date of this Agreement in the form set forth on Exhibit N hereto, (ii) prepared in a manner sufficient to permit the Title Company to modify the standard printed exception in the Title Policy pertaining to discrepancies in area or boundary lines, encroachments, overlapping of improvements, or similar matters, and (iii) indicating on the Survey the location of all title exceptions which can be located thereon and which have been identified for the surveyor. For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxes, association assessments, special assessments, special district taxes and related charges not yet due and payable; (c) matters shown on the "Existing Survey" (hereinafter defined); (db) matters caused by the actions of Purchaser; and (ec) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 2, 3, 4, 9, deemed "Permitted Exceptions" pursuant to the extent that same affect the PropertyParagraph 3.2 below. All other exceptions to title shall be referred to as "Unpermitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one half of the cost of the survey endorsement.

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 Charter Title Company on behalf of Lawyers Title Insurance Corporation (hereinafter referred to as "Title Insurer") with an effective date of March 2, 1997 for the Property (the "Title Commitment"). For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxes, association assessments, special assessments, special district taxes and related charges not yet due and payable; (c) matters shown on the "Existing Survey" (hereinafter defined); (d) matters caused by the actions of Purchaser; and (e) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 2, 3, 4, 9, 4 and 9 and to the extent that same affect the Property. All other exceptions to title shall be referred to as "Unpermitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one one-half of the cost of the survey endorsement.

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 Charter Title Company on behalf of Lawyers Title Insurance Corporation Company (hereinafter referred to as "Title Insurer") with an effective date of March 2dated February 17, 1997 for the Property (the "Title Commitment"). For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxes, association assessments, special assessments, special district taxes and related charges not yet due and payable; (c) matters shown on the "Existing Updated Survey" (hereinafter defined); (d) matters caused by the actions of Purchaser; and (e) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 1, 2, 3, 4, 9and 4 through 23 inclusive, to the extent that same affect the Property. All other exceptions to title shall be referred to as "Unpermitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy for the insured amount of the Purchase Price in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one half of and Purchaser shall pay for the cost of any endorsements to, or extended coverage on, the survey endorsementTitle Policy.

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 Charter Near North National Title Company on behalf of Lawyers Corporation as agent for First American Title Insurance Corporation Company (hereinafter referred to as "Title Insurer") with an effective date of March 2dated December 29, 1997 and designated as commitment no. 41-137876 for the Property (the "Title Commitment"). For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxes, association assessments, special assessments, special district taxes and related charges not yet due and payable; (cb) matters shown on the "Existing Survey" (hereinafter defined); (dc) matters caused by the actions of Purchaser; and (ed) the title exceptions set forth in Schedule B B, Section II of the Title Commitment as Numbers 25, 314-16, 420, 921, 23 and 26, inclusive, (or as the parties may agree prior to the expiration of the Inspection Period) to the extent that the same affect the Property. All other exceptions to title shall be referred to as "Unpermitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half (1/2) of the costs of the Title Commitment and Title Policy including one half of the cost of the survey endorsementPolicy.

Title Commitment and Survey. 3.1. Attached hereto as Exhibit D is a copy of A. Seller has delivered to Purchaser a title commitment (the "Title Commitment") for an owner's standard title insurance policy for the Property issued by Charter Title Company on behalf of Lawyers Title Insurance Corporation (hereinafter referred to as the "Title Insurer") with an effective date dated January 27, 1997. In addition, Seller has delivered to Purchaser a survey of March 2, 1997 for the Property prepared by Jeryl Hart Engineers and dated September 30, 1993 (the "Title CommitmentExist▇▇▇ ▇▇▇▇▇▇"). Seller and Purchaser shall each pay for one-half of the costs of updating the Existing Survey and Seller shall deliver the updated survey (the "Updated Survey") to Purchaser within ten (10) days after the date hereof. For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxestaxes and assessments, association assessments, special assessments, special district taxes and assessments and related charges not yet due and payable; (b) matters caused by or through the actions of Purchaser or its agents, contractors or representatives; (c) matters shown on the "Existing Survey" (hereinafter defined)those title exceptions deemed Permitted Exceptions pursuant to Paragraph 3.B below; and (d) matters caused relating to the liens and security interests granted to secure the indebtedness evidenced by the actions of Purchaser; and (e) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 2, 3, 4, 9, to the extent that same affect the PropertyNote. All other exceptions to title shall be referred to as "Unpermitted Exceptions.". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one half of the cost of the survey endorsement.

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 Charter Near North National Title Corporation, as agent for First American Title Company on behalf of Lawyers Title Insurance Corporation (hereinafter referred to as "Title Insurer") with an effective date of dated March 224, 1997 for the Property (the "Title Commitment")) together with legible copies of all exception matters set forth therein and the deed conveying title to the Property to Seller. Seller, at Seller's cost, shall obtain an ALTA survey for the Property (the "Updated Survey") and deliver the updated Survey to Purchaser within 20 days after the Seller's date of execution hereof, (i) bearing a certification dated after the date of this Agreement in the form set forth on Exhibit N hereto, (ii) prepared in a manner sufficient to permit the Title Company to modify the standard printed exception in the Title Policy pertaining to discrepancies in area or boundary lines, encroachments, overlapping of improvements, or similar matters, and (iii) indicating on the Survey the location of all title exceptions which can be located thereon and which have been identified for the surveyor. For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxes, association assessments, special assessments, special district taxes and related charges not yet due and payable; (c) matters shown on the "Existing Survey" (hereinafter defined); (db) matters caused by the actions of Purchaser; and (ec) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 2, 3, 4, 9, deemed "Permitted Exceptions" pursuant to the extent that same affect the PropertyParagraph 3.2 below. All other exceptions to title shall be referred to as "Unpermitted Exceptions". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one half of the cost of the survey endorsement.

Title Commitment and Survey. 3.1. Attached hereto as Exhibit D is a copy of A. Seller has delivered to Purchaser a title commitment (the "Title Commitment") for an owner's standard title insurance policy for the Property issued by Charter Title Company on behalf of Lawyers Title Insurance Corporation (hereinafter referred to as the "Title Insurer") with an effective date dated January 22, 1997. In addition, Seller has delivered to Purchaser a survey of March 2, 1997 for the Property prepared by Jeryl Hart Engineers and dated O▇▇▇▇▇▇ ▇▇, 1996 (the "Title CommitmentExisting Survey"). Seller and Purchaser shall each pay for one-half of the costs of updating the Existing Survey and Seller shall deliver the updated survey (the "Updated Survey") to Purchaser within ten (10) days after the date hereof. For purposes of this Agreement, "Permitted Exceptions" shall mean: (a) the general printed exceptions contained in the standard title policy to be issued by Title Insurer based on the Title Commitment; (b) general real estate taxestaxes and assessments, association assessments, special assessments, special district taxes and assessments and related charges not yet due and payable; (b) matters caused by or through the actions of Purchaser or its agents, contractors or representatives; (c) matters shown on the "Existing Survey" (hereinafter defined)those title exceptions deemed Permitted Exceptions pursuant to Paragraph 3.B below; and (d) matters caused relating to the liens and security interests granted to secure the indebtedness evidenced by the actions of Purchaser; and (e) the title exceptions set forth in Schedule B of the Title Commitment as Numbers 2, 3, 4, 9, to the extent that same affect the PropertyNote. All other exceptions to title shall be referred to as "Unpermitted Exceptions.". The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the title policy, subject only to the exceptions therein stated. On the Closing Date, Title Insurer shall deliver to Purchaser a standard title policy in conformance with the previously delivered Title Commitment, subject to Permitted Exceptions and Unpermitted Exceptions waived by Purchaser (the "Title Policy"). Seller and Purchaser shall each pay for one-half of the costs of the Title Commitment and Title Policy including one half of the cost of the survey endorsement.