Common use of Permitted Exceptions Clause in Contracts

Permitted Exceptions. As between Buyer and Receiver, Xxxxx agrees to accept title, possession, the deed, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all matters (except Liens) referenced in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

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Permitted Exceptions. As between Buyer Xxxxx and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded active oil and/or and gas lease, whether active or notlease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any rights to use the provisions surface of this the land as are incidental to the ownership of severed Minerals by Seller or any other third party, according to applicable law, any instrument of record and/or, if applicable, the Surface Use Agreement and described in Exhibit D; (j) any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B and, if applicable, Exhibit D); and (jk) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of record; and (k) all matters (except Liens) referenced record and/or disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (k) all matters (except Liens, if any) referenced in the Preliminary Title Evidence; (l) if this purchase includes Tract 8, the Tract 8 Life Estate; and (m) if this purchase includes any of Tracts 1 - 6, the 2020 Farm Lease (defined below).

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all other matters (except Liens) referenced in the Preliminary Title Evidence. “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer Xxxxx and ReceiverXxxxxx, Xxxxx agrees to accept title, possession, the deed, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); and (n) if this purchase includes Tract 5 and/or Tract 6, all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record; record and (k) all matters (except Liens) referenced disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); and (j) easementsany right of way, conditionseasement, restrictionscondition, reservations covenant, restriction and/or other matters (except Liens) reservation appearing of record; record and (k) all matters (except Liens) referenced in the Preliminary Title Evidence; provided, however, the Permitted Exceptions do not include (and Buyer is not required to take title subject to) any Liens. “Liens” refers to any mortgage(s), judgment lien(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer Xxxxx and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all matters (except Liens) referenced listed, disclosed or described in the Preliminary Title Evidence; and (l) the Applicable Property Tax Covenant(s), as defined below.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); (n) undivided interests; (o) ingress and egress limitations; and (p) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record; record and (k) all matters (except Liens) referenced disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the Final Title Commitment, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (k) all matters (except Liens, if any) referenced listed, disclosed or described as exceptions in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinall exhibits); (j) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of recordrecord and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (kl) all matters (except Liensliens, if any) referenced listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Receiver, Xxxxx agrees to accept title, possession, the deed, the title and title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (bc) visible and/or apparent uses and easements; (cd) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (de) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (ef) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (fg) local ordinances and zoning laws; (gh) any outstanding reservations, severances and/or other rights with respect to Minerals; (hi) any recorded oil and/or oil, gas or mineral lease, whether active or not; (ij) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the provisions of this Agreement and Purchase Tract(s); (k) any matter disclosed in this Agreement (including the exhibits incorporated herein)Agreement; (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all matters (except Liens) referenced in the Preliminary Title Evidence.and

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded active oil and/or and gas lease, whether active or notlease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any rights to use the provisions surface of this the land as are incidental to the ownership of severed Minerals by Seller or any other third party, according to applicable law, any instrument of record and/or, if applicable, the Surface Use Agreement and described in Exhibit D; (j) any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B and, if applicable, Exhibit D); and (jk) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of record; and (k) all matters (except Liens) referenced record and/or disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

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Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinall exhibits); (j) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of recordrecord and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (kl) all matters (except Liensliens, if any) referenced listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Receiver, Xxxxx agrees to accept title, possession, the deed, the title and title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (bc) visible and/or apparent uses and easements; (cd) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (de) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (ef) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (fg) local ordinances and zoning laws; (gh) any outstanding reservations, severances and/or other rights with respect to Minerals; (hi) any recorded oil and/or oil, gas or mineral lease, whether active or not; (ij) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the provisions of this Agreement and Purchase Tract(s); (k) any matter disclosed in this Agreement (including the exhibits incorporated herein)Agreement; (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all matters (except Liens) referenced in the Preliminary Title Evidence.and

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and Receiver, Xxxxx agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except LiensXxxxx, if any) appearing of record; and (k) all matters (except Liens, if any) referenced referenced, listed, identified or shown in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (hj) any recorded oil and/or gas lease, whether active or not; (ik) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (jl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); and (n) if this purchase includes Tract 5 and/or Tract 6, all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record; record and (k) all matters (except Liens) referenced disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all matters (except Liens) referenced listed, disclosed or described in the Preliminary Title Evidence; and (l) the Applicable Property Tax Covenant(s), as defined below.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx Buyer agrees to accept title, possession, the deed, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens) appearing of record; and (k) all other matters (except Liens) referenced in the Preliminary Title Evidence. “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable.

Appears in 1 contract

Samples: Agreement to Purchase

Permitted Exceptions. As between Buyer and ReceiverSeller, Xxxxx agrees to accept title, possession, the deed, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (j) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (k) all matters (except Liens, if any) referenced in the Preliminary Title Evidence; (l) if this purchase includes Tract 8, the Tract 8 Life Estate; and (m) if this purchase includes any of Tracts 1 - 6, the 2020 Farm Lease (defined below).

Appears in 1 contract

Samples: Agreement to Purchase

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