Common use of Delivery of Title Clause in Contracts

Delivery of Title. (a) At the Closing, the Seller shall: (i) obtain releases of (A) the deed of trust and other current financing items listed on Schedule B-1 of the Title Commitment, and (B) any liens encumbering the Property affirmatively placed on the Property by Seller after the effective date of the Title Commitment (“Post Effective Date Seller Encumbrances”); 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 Section 8.3(a), and 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 the Closing, the Seller shall: (i) shall obtain releases of (Ai) the all mortgages and/or deed of trust liens and other current financing items listed on Schedule B-1 of encumbering the Title CommitmentAsset (“Financing Liens”), (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (Biii) any liens encumbering the Property affirmatively placed on the Property by the Seller on or after the effective date of the Title Commitment August 8, 2006 (“Post Effective Date Seller EncumbrancesEncumbrance”); 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 Section subsection 8.3(a), and Section 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: (i) shall obtain releases of (Ai) the deed of trust all deeds to secure debts and/or mortgage liens and other current financing items listed on Schedule B-1 of encumbering the Title CommitmentAsset (“Financing Liens”), (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (Biii) any liens encumbering the Property affirmatively placed on the Property by the Seller on or after the effective date of the Title Commitment March 25, 2007 (“Post Effective Date Seller EncumbrancesEncumbrance”); 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 Section subsection 8.3(a), and Section 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 the Closing, the Seller shall: (i) shall obtain releases of (Ai) the all mortgages and/or deed of trust liens and other current financing items listed on Schedule B-1 of encumbering the Title CommitmentAsset (“Financing Liens”), (ii) tax liens (other than liens for taxes not yet due and payable) encumbering the Property (“Tax Liens”) and (Biii) any liens encumbering the Property affirmatively placed on the Property by the Seller on or after the effective date of the Title Commitment November 19,2006 (“Post Effective Date Seller EncumbrancesEncumbrance”); 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 Section subsection 8.3(a), and Section 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.