Title Exceptions. To the best of Borrower’s knowledge after due inquiry and investigation, none of the items shown in the schedule of exceptions to coverage in the title policy issued to and accepted by Lender contemporaneously with the execution of this Loan Agreement and insuring Lender’s interest in the Mortgaged Property will have a Material Adverse Effect on the (a) ability of Borrower to pay the Loan in full, (b) ability of Borrower to use all or any part of the Mortgaged Property in the manner in which the Mortgaged Property is being used on the Closing Date, except as set forth in Section 6.03, (c) operation of the Mortgaged Property, or (d) value of the Mortgaged Property.
Title Exceptions. The Administrative Agent shall have received copies of all recorded documents creating exceptions to the title policy referred to in Section 4.2(c)(v).
Title Exceptions. At Closing, the general warranty deed will be subject to subdivision and/or condominium declarations, covenants, restrictions and easements of record, which may impose obligations and may limit the use of the Property by Buyer.
Title Exceptions. To the best of Borrower’s knowledge after due inquiry and investigation, none of the items shown in the schedule of exceptions to coverage in the Title Policy will have a Material Adverse Effect on the (a) ability of Borrower to pay the Loan in full, (b) ability of Borrower to use all or any part of the Mortgaged Property in the manner in which the Mortgaged Property is being used on the Closing Date, except as set forth in Section 6.03, (c) operation of the Mortgaged Property, or (d) value of the Mortgaged Property.
Title Exceptions. Copies of all documents creating exceptions to the Title Policy.
Title Exceptions. At Closing, the general warranty deed will be subject to subdivision and/or condominium 346 declarations, covenants, restrictions and easements of record, which may impose obligations and may limit the use of DRAFT SPECIMEN 347 the Property by Buyer.Not part of home inspection 348 10. Disclaimer. It is understood and agreed that the real estate firms and real estate licensee(s) representing or assisting Seller RF304 349 Must 350 discuss this 351 section 352 with and/or Buyer and their brokers (collectively referred to as “Brokers”) are not parties to this Agreement and do not have or assume liability for the performance or nonperformance of Seller or Buyer. Buyer and Seller agree that Brokers shall not be responsible for any of the following, including but not limited to, those matters which could have been revealed through a survey, flood certification, title search or inspection of the Property; the insurability of the Property or cost to insure the 353 Buyer(s) Property; for the condition of the Property, any portion thereof, or any item therein; for any geological issues present on 354 and the Property; for any issues arising out of the failure to physically inspect Property prior to entering into this Agreement 355 Seller(s).and/or Closing; for the necessity or cost of any repairs to the Property; for hazardous or toxic materials; for the tax or legal 356 consequences of this transaction; for the availability, capability, and/or cost of utility, sewer, septic, or community 357 amenities; for any proposed or pending condemnation actions involving Property; for applicable boundaries of school 358 districts or other school information; for the appraised or future value of the Property; for square footage or acreage of the 359 Property; for any condition(s) existing off the Property which may affect the Property; for the terms, conditions, and 360 availability of financing; and/or for the uses and zoning of the Property whether permitted or proposed. Buyer and Seller 361 acknowledge that Brokers are not experts with respect to the above matters and that they have not relied upon any advice, 362 representations or statements of Brokers (including their firms and affiliated licensees) and waive and shall not assert any 363 claims against Brokers (including their firms and affiliated licensees) involving same. Buyer and Seller understand that it 364 has been strongly recommended that if any of these or any other matters concerning the Property are of concern...
Title Exceptions. To the best of Borrower’s knowledge after due inquiry and investigation, none of the items shown in the schedule of exceptions to coverage in the title insurance policy issued to and accepted by Lender contemporaneously with the execution of this Loan Agreement and insuring Lender’s interest in the Mortgaged Property (“Permitted Encumbrances”) will have a Material Adverse Effect on the: (a) ability of Borrower to pay the Loan in full, (b) ability of Borrower to use all or any part of the Mortgaged Property in the manner in which the Mortgaged Property is being used on the Effective Date, (c) operation of the Mortgaged Property, or (d) value of the Mortgaged Property.
Title Exceptions. The SAWS Land will be conveyed without warranty of title and subject to (i) all visible and apparent easements (ii) all matters of record relating to the SAWS Land as shown in the Real Property Records of Bexar County, Texas, (iii) all applicable zoning, platting and other governmental ordinances, laws, rules and regulations and (iv) the Reserved Easement (hereinafter defined in Section 12 below) (collectively, the “Permitted Exceptions”). SAWS makes no representations about whether the SAWS Land has access to any public right of way. Additionally, the Successful Bidder must obtain any applicable permits for Successful Bidder’s use of the SAWS Land and Successful Bidder must assemble the SAWS Land with any adjoining property owned by Successful Bidder and plat such properties, to the extent required by the San Antonio Uniform Development Code, which obligations shall survive Closing (hereinafter defined).
Title Exceptions. On or before expiration of the Due Diligence Period, Buyer may give written notice to Seller of any objections Buyer may have with respect to any conditions affecting the Property or as disclosed by the Title Commitment (the "Title Objections"). If Buyer fails to give any such notice with respect to any specific matters disclosed in the Title Commitment on or before expiration of the Due Diligence Period, then Buyer shall be deemed to have waived any Title Objections with respect to all such matters as to which no objection is made and any such matter shall be deemed a "Permitted Exception". Any title matters arising subsequent to the date of the provided Title Commitment may be reviewed by Buyer and Buyer shall have at least five business days to review the same; if necessary, the Due Diligence Period shall be extended to provide Buyer with at least five business days to review any such supplemental matters. Any such extension of the Due Diligence Period shall also extend, by like number of days, the Response Period and Title Election Deadline as defined below.
Title Exceptions. If the title commitment discloses exceptions relating to title other than: (1) those referred to above and (2) liens and encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which SELLER may remove at the time of closing by using the funds to be paid upon delivery of the deed, SELLER shall have thirty (30) days from the date of the title commitment to have those exceptions removed from the commitment or have the title insurance company commit to insure against loss or damage that may be occasioned by such exceptions. If SELLER fails to have those exceptions removed or insured over within that time, BUYER may terminate this Agreement or may elect, upon notice to SELLER within ten (10) days after the expiration of the thirty (30) day period, to take title as it then is with the right to deduct from the purchase price, liens or encumbrances of a definite or ascertainable amount. If BUYER does not so elect, this Agreement shall become null and void without further notice to the parties, and all moneys heretofore paid by BUYER shall be refunded to BUYER.
