Common use of Delivery of Title Clause in Contracts

Delivery of Title. (a) At or prior to the Closing, the Seller shall obtain releases of (i) all deeds to secure debts and/or mortgage liens and other financing items encumbering the Asset (“Financing Liens”), (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (iii) any liens encumbering the Property affirmatively placed on the Property by the Seller on or after March 25, 2007 (“Post Effective Date Seller Encumbrance”). Other than as set forth in this Agreement (including without limitation the first sentence of this subsection 8.3(a), and subsection 8.3(c)), the Seller shall not be required to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, nor shall the Buyer have any right of action against the Seller, at law or in equity, for the Seller’s inability to convey title subject only to the Permitted Exceptions.

Delivery of Title. (a) At or prior to the Closing, the Seller shall obtain releases of (i) all deeds to secure debts mortgages and/or mortgage deed of trust liens and other financing items encumbering the Asset (“Financing Liens”), (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (iii) any liens encumbering the Property affirmatively placed on the Property by the Seller on or after March 25August 8, 2007 2006 (“Post Effective Date Seller Encumbrance”). Other than as set forth in this Agreement (including without limitation the first sentence of this subsection 8.3(a), and subsection 8.3(c)), the Seller shall not be required to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, nor shall the Buyer have any right of action against the Seller, at law or in equity, for the Seller’s inability to convey title subject only to the Permitted Exceptions.

Delivery of Title. (a) At or prior to the Closing, the Seller shall shall: (i) obtain releases of (iA) all deeds to secure debts and/or mortgage liens the deed of trust and other current financing items encumbering listed on Schedule B-1 of the Asset (“Financing Liens”)Title Commitment, (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (iiiB) any liens encumbering the Property affirmatively placed on the Property by Seller after the Seller on or after March 25, 2007 effective date of the Title Commitment (“Post Effective Date Seller EncumbranceEncumbrances”); and (ii) pay the “escaped” real estate taxes for 2003-2004 and the supplemental assessments for 1999-2000 shown on the Title Commitment. Other than as set forth in this Agreement (including without limitation the first sentence of this subsection Section 8.3(a), and subsection Section 8.3(c)), the Seller shall not be required to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, nor shall the Buyer have any right of action against the Seller, at law or in equity, for the Seller’s inability to convey title subject only to the Permitted Exceptions.

Delivery of Title. (a) At or prior to the Closing, the Seller shall obtain releases of (i) all deeds to secure debts mortgages and/or mortgage deed of trust liens and other financing items encumbering the Asset (“Financing Liens”), (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (iii) any liens encumbering the Property affirmatively placed on the Property by the Seller on or after March 25, 2007 November 19,2006 (“Post Effective Date Seller Encumbrance”). Other than as set forth in this Agreement (including without limitation the first sentence of this subsection 8.3(a), and subsection 8.3(c)), the Seller shall not be required to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, nor shall the Buyer have any right of action against the Seller, at law or in equity, for the Seller’s inability to convey title subject only to the Permitted Exceptions.