Common use of Form of Closing Documents Clause in Contracts

Form of Closing Documents. Within the Due Diligence Period, Seller shall, use reasonable efforts, at its sole expense, provide to Buyer the following documents, and Seller and Buyer shall agree on the form of the following documents, which are to be delivered to Buyer on the Closing Date by Seller (and executed by Seller and Buyer as appropriate) as set forth in Section 14 hereof: (a) Special warranty deed in the form attached hereto and incorporated herein as Exhibit "C"; (b) Seller's Affidavit; (c) FIRPTA Affidavit; (d) Assignment and Assumption of the Lease, in the form attached hereto and incorporated herein as Exhibit "D"; (e) A generic Assignment of warranties in the form as attached hereto and incorporated herein as Exhibit "E"; (f) Amendment of Lease between Seller, as landlord, and Tenant in the form attached hereto as Exhibit "F", as amended, if necessary as allowed by Section 8.04 ("Amendment to Lease"); (g) Estoppel from Tenant, in the form attached hereto as Exhibit "G", as amended, if necessary as allowed by Section 8.04; (h) Estoppel from Lowe's Home Centers, Inc. ▇▇▇▇▇▇ng to the recorded Declaration of Easements, Covenants, Restrictions, Rights and Obligations in accordance with Section 7.1 thereof; (i) Estoppel from Bradford Landing South LLC., as Developer relating to the recorded Easements, Covenants, Conditions and Restrictions; (j) Notice of Sale and Assignment of Lease to Tenant; and (k) Amendment to the Declaration of Easement and Maintenance Agreement recorded as File No. 6255008 in the Lake County, Illinois, Recorder's Office, which such Amendment shall be recorded. In the event that Seller and Buyer do not reach mutual agreement on the form of the above described documents (a) through (k) prior to the end of the Due Diligence Period, or the same cannot or will not be delivered by Seller on the Closing Date, this Agreement may be terminated by either Seller or Buyer and the Earnest Money and accrued ▇▇▇▇▇▇st shall be returned in full to the Buyer immediately and neither party shall have any further duties or obligations to the other hereunder (except for any obligation expressly surviving the termination of this Agreement).

Form of Closing Documents. Within At least seven (7) days prior to the expiration of the Due Diligence Period, Seller shall, use reasonable efforts, at its sole expense, provide to Buyer the forms of the following documents, and Seller and Buyer shall agree on the form of the following documentsdocuments (to the extent not attached hereto), which are to be delivered to Buyer the Title Company on the Closing Date by Seller (and executed by Seller and Buyer as appropriate) as set forth in Section 14 hereof: (a) Special Warranty Deed with limited warranty deed conveying title to the Property to Buyer, in form and substance reasonably satisfactory to Buyer and Seller (the form attached hereto and incorporated herein as Exhibit "C"“Deed ” ); (b) Seller's ’s Affidavit as may be reasonably required by the Title Company to delete from the Owner’s Title Policy the standard exceptions capable of being deleted by owner’s statement (the “Seller’s Affidavit” ); (c) FIRPTA AffidavitAffidavit in a form and substance reasonably satisfactory to Buyer and Seller; (d) Assignment and Assumption of the Lease, in the form attached hereto and incorporated herein as Exhibit "D"“ C” ; (e) A generic Assignment of warranties Warranties, in the form as attached hereto and incorporated herein as Exhibit "E"“ D” which, for the avoidance of doubt, shall include a general assignment by Seller of any interest it holds in any warranties under Sections 8.01(r) and (s) regardless of consent of any third party; (f) Amendment A Notice to Tenant of sale and Assignment and Assumption of the Lease between in form and substance reasonably satisfactory to Buyer and Seller, as landlord, and Tenant in the form attached hereto as Exhibit "F", as amended, if necessary as allowed by Section 8.04 ("Amendment to Lease"); (g) If applicable, a tax proration and post-closing true-up agreement in form and substance reasonably satisfactory to Buyer and Seller whereby Seller agrees to pay the pro-rata share of real estate taxes and assessments for any tax period prior to the commencement of Tenant’s obligations to pay real estate taxes and assessments as set forth in the Lease (the “Tax Proration Agreement”). (h) Estoppel from Tenant, in form and substance reasonably satisfactory to Buyer and Seller (the “Estoppel Letter”), such form attached hereto to be satisfactory to Buyer if it includes the confirmation of the initial lease term expiration date, rental commencement date, the date of the next rental escalation, statement that neither Landlord nor Tenant is in default, and confirmation of tenant approval of such matters of landlord’s work as Exhibit "G", as amended, if necessary as allowed by Section 8.04; (h) Estoppel from Lowe's Home Centers, Inc. ▇▇▇▇▇▇ng to the recorded Declaration of Easements, Covenants, Restrictions, Rights and Obligations in accordance with Section 7.1 thereof;Buyer may reasonably request; and (i) Estoppel If applicable, estoppel from Bradford Landing South LLC.any third parties or administrators of any CAM pursuant to agreement, as Developer relating declaration, or reciprocal easements, in form and substance reasonably satisfactory to the recorded Easements, Covenants, Conditions Buyer and Restrictions; (j) Notice of Sale and Assignment of Lease to Tenant; and (k) Amendment to the Declaration of Easement and Maintenance Agreement recorded as File No. 6255008 in the Lake County, Illinois, Recorder's Office, which such Amendment shall be recordedSeller. In the event that Seller and Buyer do not reach mutual agreement on the form of the above described documents (a) through (kc) and (f) through (h) prior to the expiration of the Due Diligence Period or document (i) prior to the end of the Due Diligence Period, or the same cannot or will not be delivered by Seller on the Closing Datetitle review period set forth in Section 6, this Agreement may be terminated by either Seller or Buyer within five (5) business days after the end of the applicable Due Diligence Period and the Earnest Money and accrued E▇▇▇▇▇▇st ▇ Money shall be immediately returned in full to the Buyer immediately and neither party shall have any further duties or obligations to the other hereunder (except for any obligation expressly surviving the termination of this Agreement). If fully executed copies of documents (h) and, if applicable, (i) above are not received prior to the end of the Due Diligence Period, Buyer shall have three (3) business days after receipt to review each document. If, prior to the Closing Date, (h) and (i) are not executed in the same form as agreed upon between Buyer and Seller (and any differences constitute material and adverse changes to such form), then Buyer may terminate this Agreement and the E▇▇▇▇▇▇ Money shall be immediately returned in full to Buyer. Notwithstanding anything to the contrary contained in this Agreement, in the event that the executed Estoppel Letter has not been delivered to Buyer on or before the date that is three (3) business days prior to the then-scheduled Closing Date, Seller shall have the option to extend the Closing Date for up to three (3) business days in aggregate to attempt to obtain the executed Estoppel Letter. The delivery of the executed Estoppel Letter to Buyer shall be a condition precedent to Buyer’s obligation to close, but the failure to obtain such Estoppel Letter shall not be a default by Seller hereunder.