THE SURVEY. If Buyer desires a survey in addition to the survey provided by Seller pursuant to § 8(a)(iv) above, then promptly after the Opening of Escrow, Buyer shall cause a surveyor licensed in the State of Michigan to complete and deliver to Escrow Agent, Buyer and Seller a current, certified ALTA survey of the Real Property, Building and Improvements prior to the expiration of the Study Period (the “Survey”), whereupon, at Buyer’s option, the legal description in the Survey shall control over the description in Exhibit A attached hereto to the extent they may be inconsistent provided, however, Seller shall convey title with the same legal description that is of record unless the Surveyor certifies that the new legal description describes the same Premises as that described in the record title, and the county recorder accepts such new legal description for recording. Buyer shall compensate Seller for all county recorder expenses relating to accepting any new legal description. The Survey shall set forth the legal description and boundaries of the Real Property and all easements, encroachments and improvements thereon.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)