Form of Deed Clause Samples

Form of Deed. City shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer by Quit Claim Deed (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 2. All easements of record; 3. A restriction that the Property must be taxable for property-tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax exemption (whether under Wis. Stat. § 70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 4. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 5. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 6. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 7. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of the Wisconsin Department of Natural Resources (“WDNR”) pursuant to Section 6(b).

Form of Deed. Certain Schedules to this agreement have been omitted. The Company agrees to furnish supplementally copies of any of the omitted Schedules to the Securities and Exchange Commission upon request.

Form of Deed. 8. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this Contract, including the payment of the balance of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain & Sale Deed with Covenants Against Grantor's Acts in proper statutory form for recording so as to transfer to PURCHASER full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law.

Form of Deed. City shall convey on the closing date a marketable title to Buyer evidenced by a good and sufficient Quitclaim Deed conveying good and indefeasible fee simple title to the Property, free and clear of all encumbrances and rights of possession whatsoever, except the following: (i) Such restrictions, conditions, limitations, covenants, reservations and easements of record, if any, and real estate taxes and assessments, both general and special, accrued not yet due and payable. After this Agreement has been executed, the Buyer at its cost shall order a commitment for title insurance for the Property (“Commitment”) from the Escrow Agent identified below. Upon receipt of the Commitment with legible copies of all the so-called “show items”, the Buyer shall review the same and notify the City within fifteen (15) days after receipt if it shall not accept the encumbrances which affect the Property as listed in the Commitment. If the Buyer notifies the City that it will not accept all such encumbrances within said fifteen (15) day period, the Buyer shall in such notice list the encumbrances to which it has objection and the City shall have the right but not the duty within a thirty (30) day period from the date of the notice to remove such encumbrances. Unless the City removes such encumbrance(s) within such thirty (30) day period , then either, at Buyer's option, (i) this Agreement shall thereupon terminate and the parties thereafter shall have no liability hereunder, or (ii) Buyer shall accept the title as provided in the Commitment, and all such encumbrances shall be deemed to be accepted by Buyer, and Buyer shall proceed to Closing and accept such encumbrances of record provided all other conditions herein are satisfied or waived in writing. Failure by ▇▇▇▇▇ to deliver such notice within said fifteen (15) day period shall be deemed a waiver of this title condition. Notwithstanding anything to the contrary herein stated, ▇▇▇▇▇ is not required to object to any monetary liens which encumber the Property and the City shall cause all mortgage, judgment, tax, mechanic and other monetary liens which encumber the Property to be discharged at Closing. (ii) Taxes and assessments accrued but not yet due and payable; and (iii) Zoning ordinances.

Form of Deed. Seller shall deliver to Purchaser at closing a Bargain and Sale Deed With Covenants Against Grantor’s Acts in recordable form, which shall include the Section 13 Lien Law covenant. Seller may utilize the proceeds of the sale at closing to pay and discharge any lien or encumbrance against the Premises.

Form of Deed. All deeds used to convey a For Sale Affordable Unit must have a fully executed Certificate of Purchaser Eligibility attached, and shall include the following statement in twelve (12) point or larger type, in all capital letters, on the front page of the deed: THIS DEED IS DELIVERED AND ACCEPTED SUBJECT TO THE PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN AFFORDABLE HOUSING COVENANT, DATED AS OF , 20_ RECORDED AMONG THE LAND RECORDS OF THE DISTRICT OF COLUMBIA AS INSTRUMENT NUMBER , ON 20 , WHICH AMONG OTHER THINGS IMPOSES RESTRICTIONS ON THE SALE AND CONVEYANCE OF THE SUBJECT PROPERTY.

Form of Deed. After Recording Return to: __________________________ __________________________ __________________________ THIS INDENTURE, hereinafter referred to as "Deed", is made this day of ________, ______, by and between the BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA (“Regents”), ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, party of the first part, hereinafter called "Grantor," and __________________________________________________, party of the second part, hereinafter called "Grantee," (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits).

Form of Deed. City shall convey fee simple title to the Project Property to Habitat by special warranty deed, in substantially the form attached hereto as Exhibit “E”, subject to all liens and encumbrances of record. Prior to the close of escrow, City shall use its best efforts to remove any matters of record that are reasonably objected to by Habitat, so that marketable title to the Project Property may be delivered at the close of escrow. However, the Project Property is being conveyed in its “AS IS” condition and without any representation or warranty except as otherwise expressly set forth in this Agreement.

Form of Deed. All deeds used to convey a For Sale Inclusionary Unit must have a fully executed Declaration of Eligibility and Certification of Income, Affordability, and Housing Size attached, and shall include the following statement in twelve (12) point or larger type, in all capital letters, on the front page of the deed: THIS DEED IS DELIVERED AND ACCEPTED SUBJECT TO THE PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN INCLUSIONARY DEVELOPMENT COVENANT, DATED AS OF , 20_ RECORDED AMONG THE LAND RECORDS OF THE DISTRICT OF COLUMBIA AS INSTRUMENT NUMBER , ON 20 , WHICH AMONG OTHER THINGS IMPOSES RESTRICTIONS ON THE SALE AND CONVEYANCE OF THE SUBJECT PROPERTY.