Title Objections. Buyer has 14 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies Seller of any Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 2 contracts
Sources: Option to Purchase Agreement (ETX Park Fund #2, LLC), Option to Purchase (ETX Park Fund #2, LLC)
Title Objections. At any time during the Due Diligence Period, Buyer has 14 days after delivery of may notify Seller in writing (the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection DeadlineNotice”) of any objections Buyer may have to review Seller’s title to the Survey, Hotel disclosed by any title report obtained by Buyer from the Title Commitment, and legible copies Company or any matters disclosed by any survey of the title instruments referenced in them Land and notify Seller of Buyer’s objections to any of them Improvements obtained by Buyer (collectively, the “Title Objections”), which notice shall also include a copy of such title report and survey. Subject to the provisions of Section 6.2 below, any item contained in the title report or in the survey to which Buyer will does not object during the Due Diligence Period shall be deemed acceptable to have approved all matters reflected Buyer (collectively, the “Agreed Exceptions”). If Buyer shall timely provide the Title Objection Notice to Seller, then Seller may elect to cure such objections, including without limitation, by endorsement or other title insurance action, by providing written notice thereof to Buyer (the Survey “Title Objection Response”) within seven (7) days of Seller’s receipt of the Title Objection Notice. If Seller is unable to or elects not to satisfy Buyer’s objections, then Buyer may terminate this Agreement as provided in Section 5.1 above, by providing written notice of such termination within five (5) days of Buyer’s receipt of the Title Commitment Objection Response. If Seller has made an offer to Buyer to cure any Title Objection made by Buyer, which has been accepted by Buyer, Seller shall use its reasonable efforts to so cure said Title Objection on or prior to Closing, but shall not be in default hereunder for Seller’s failure to do so. In the event that Seller is unable to so cure said Title Objection on or prior to the Closing, then Buyer may terminate this Agreement by delivering written notice of such termination to Seller and Escrow Agent, in which event Escrow Agent shall disburse the entire ▇▇▇▇▇▇▇ has made Money to Buyer, and, upon such disbursement, this Agreement shall automatically terminate, and shall be deemed null and void and of no Title Objection by further force or effect, and neither party shall have any rights or obligations against or to the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptionsother except those which expressly survive such termination.” If ▇▇▇▇▇ notifies Seller of any Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 2 contracts
Sources: Hotel Purchase and Sale Agreement, Hotel Purchase and Sale Agreement (Sotherly Hotels Lp)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.5. (“"Title Objection Deadline”") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, 's obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.6. (“Title Objection Deadline”) to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Sales Contract (360 Global Wine Co)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and on Schedule B of the Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. Notwithstanding any other provision herein, at or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Real Estate Sales Contract
Title Objections. Buyer has 14 10 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, the UCC Search, and the Survey if a new Survey is required by Buyer or Title Company (“"Title Objection Deadline”") to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 20 days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 20 days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s 's obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 1 contract
Sources: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery Cure of the last of Title Objections.
(a) Purchaser shall have until the Title Commitment, legible copies Exam Deadline to notify Seller in writing of the instruments referenced such objections as Purchaser may have to any exceptions to title disclosed in the Title Commitment, and Commitment or the Survey. Any item contained in the Title Commitment or matter shown on the Survey if to which Purchaser does not object prior to the Title Exam Deadline by timely written notice shall be deemed a new Survey Permitted Exception. Time is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and essence with respect to the provisions of this Section 2.3.
(b) In the event Purchaser shall notify Seller of Buyer’s objections to title or matter of survey shown on the Survey prior to the Title Exam Deadline, Seller shall have the right, but not the obligation, to cure such objections. Within ten (10) days after receipt of Purchaser's notice of objections, Seller shall notify Purchaser in writing whether Seller elects to attempt to cure such objections. If Seller elects to attempt to cure, and provided that Purchaser shall not have terminated this Agreement in accordance with Section 3.2 hereof, Seller shall have until the date of Closing to attempt to remove, satisfy or cure the same and for this purpose Seller shall be entitled to a reasonable adjournment of the Closing if additional time is required, but in no event shall the adjournment exceed thirty (30) days after the date for Closing set forth in Section 4.1 hereof. If Seller elects not to cure any objections specified in Purchaser's notice, or if Seller is unable to effect a cure prior to the Closing (or any date to which the Closing has been adjourned), Purchaser shall have the following options: (i) to accept a conveyance of them the Property subject to the Permitted Exceptions, specifically including any matter objected to by Purchaser which Seller is unwilling or unable to cure, and without reduction of the Purchase Price; or (“Title Objections”ii) to terminate this Agreement by sending written notice thereof to Seller, and upon delivery of such notice of termination, this Agreement shall terminate and the Earn▇▇▇ ▇▇▇ey shall be returned to Purchaser as Purchaser's sole remedy; and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement. If Seller notices Purchaser that Seller does not intend to attempt to cure any title objection; or if, having commenced attempts to cure any objection, Seller later notifies Purchaser that Seller will be unable to effect a cure thereof, Purchaser shall, within ten (10) days after such notice has been given, notify Seller in writing whether Purchaser shall elect to accept the conveyance under clause (i) or to terminate this Agreement under clause (ii). Buyer will If Purchaser fails to give timely notice of its election to terminate this Agreement, Purchaser shall be deemed to have approved all matters reflected by the Survey or Title Commitment elected to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies Seller of any Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, accept title subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after such exception without adjustment of the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure NoticePurchase Price.
Appears in 1 contract
Title Objections. Buyer has 14 ten (10) days after the delivery of the last of both the Title Commitment, legible copies of the instruments referenced in the Title Commitment, Commitment and the Survey if a new Survey is required by Buyer or Title Company (“"Title Objection Deadline”") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 30 days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or terminated, in which case Buyer will shall be entitled to the return of all ▇▇▇▇▇▇▇ Money, if any, on deposit with the Title Company. Alternatively, Buyer may elect to proceed to close, subject to Seller’s obligations's obligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.5. (“"Title Objection Deadline”") to obtain and review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five business days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five business days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, 's obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure only any other Title Objections that Seller has agreed to cure in the Cure Notice. At or before Closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure any other Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.4. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment Commitment, to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Real Estate Purchase Contract
Title Objections. Buyer has 14 days after delivery acknowledges receipt of (i) a current title commitment for an extended coverage title insurance policy with respect to the Premises issued by the Escrow Agent with an effective date of April 8, 2015 (the “Title Commitment”) and copies of all underlying documents relating to title exceptions referred to therein, and (ii) a survey of the last Property dated as of February 20, 2015 (the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will shall have until Close of Business on the sixth (6th) business day prior to the Due Diligence Expiration Date to notify Seller, in writing, of such objections to title or survey as Buyer may have. Any title or survey matter to which Buyer does not so object by such time shall be deemed to have approved all matters reflected by a Permitted Exception. In the Survey or Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that event Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies shall so notify Seller of any Title Objectionsobjection(s) to title, Seller has 7 shall have the right, but not the obligation, to cure such objection(s), other than any defects, objections or exceptions which comprise mortgages or liens voluntarily created by Seller, and, to a maximum of One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, involuntary liens over a liquidated sum, which can be satisfied by payment of a liquidated amount, which Seller agrees that it shall either pay, discharge or comply with at or before the Closing or make arrangement with the Title Company to insure (at normal rates) without such objection as an exception in Buyer’s Title Policy. In the event there are any objections which Seller is not obligated to cure, then within three (3) business days from after receipt of ▇▇▇▇▇Buyer’s notice to of objection(s), Seller shall notify Buyer in writing whether Seller agrees elects to attempt to cure the Title Objections before Closing (“Cure Notice”such objection(s). Failure of Seller to give such notice shall be deemed an election by Seller not to cure such objection(s). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree elects to attempt to cure all any such matter, Seller shall use reasonable efforts to cure such objections. If Seller elects not to cure any objection(s) specified in Buyer’s notice which Seller is not required hereby to cure, or if Seller is unable to effect a cure prior to the Title Objections before Closing, Buyer may, shall have the following options to be given by written notice within 7 three (3) business days after the deadline for the giving of Seller’s Cure Noticenotice or deemed election: (i) to accept a conveyance of the Property subject to the Permitted Exceptions, notify specifically including any matter objected to by Buyer which Seller that either is unwilling or unable to cure (which such matter(s) shall thereafter be deemed to be a Permitted Exception), without reduction of the Purchase Price, or (ii) to terminate this Contract is terminated or Buyer will proceed to close, subject by sending written notice thereof to Seller’s obligations, at or before Closingand upon delivery of such notice of termination, this Contract shall terminate, in which case the Deposit shall be paid to remove all liquidated liens; remove all exceptions that arise bySeller (or, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Noticeevent of a New Material Title Defect, the Deposit shall be returned to Buyer), and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except for the Surviving Obligation, as hereinafter defined.
Appears in 1 contract
Sources: Purchase and Sale Contract (Resource Real Estate Opportunity REIT, Inc.)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Sources: Real Estate Sales Contract
Title Objections. Within thirty (30) days following receipt of the preliminary title reports referred to in Section 4.3, Buyer has 14 shall (a) review the form of Title Commitment and any related correspondence or information provided by Seller to the Title Company for each of the Purchased Premises and (b) give written notice to Seller of any Material Title Objections which Buyer or their lender may have to title. Material Title Objections shall not include the encumbrances set forth on Schedule 4.4 (“Permitted Encumbrances”). Seller is not obligated to cure title defects, remove encumbrances or convey an estate greater than it owned on the Execution Date. Should a title examination disclose unpaid or possible unpaid franchise taxes due the State by Seller, such taxes shall not be considered a Material Title Objection, provided Seller furnishes Buyer or the Title Company a letter agreeing to satisfy any delinquency for such taxes. Within fifteen (15) days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller receipt of Buyer’s objections to any notice of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies Seller of any Material Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice shall commence to notify Buyer whether Seller agrees use its commercially reasonable efforts to cure the Material Title Objections before Closing (“Cure Notice”)to the reasonable satisfaction of the Title Company or reach an agreement with Buyer as to the resolution of the Material Title Objections. If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree is unable to cure all a Material Title Objection and the Parties are unable or unwilling to reach agreement with respect to such Material Title Objections before ClosingObjection within five (5) days, Buyer may, within 7 days after at Buyer’s option, either (a) waive such uncured Material Title Objection and proceed with the deadline for transactions contemplated by this Agreement; or (b) if Buyer does not so waive such uncured Material Title Objection, then drop the giving applicable Purchased Premises from this Agreement pursuant to Section 2.3 (Dropped Premises) and consummate the purchase of Seller’s Cure Notice, notify Seller that either this Contract is terminated the remaining Purchased Premises. Notwithstanding the preceding sentence or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed provision of this Agreement to cure in the Cure Notice.the
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Tesoro Corp /New/)