Common use of Title Objections Clause in Contracts

Title Objections. Buyer has 14 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies Seller of any Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.

Appears in 2 contracts

Sources: Option to Purchase Agreement (ETX Park Fund #2, LLC), Option to Purchase (ETX Park Fund #2, LLC)

Title Objections. Buyer has 14 On or before the Effective Date of this Agreement, as noted in Section 5.1, Seller shall deliver to Purchaser all title insurance commitments and policies in Seller 's possession. Seller shall also order for Purchaser a preliminary title report (the "Title Commitment") issued by the Escrow Agent which shall provide a commitment to insure title to the Property on the full coverage, in the amount of the Purchase Price subject, however, to the standard exceptions. Purchaser shall have ten (10) days after delivery the Effective Date of the last of the Title CommitmentPurchase Agreement, legible copies of the instruments referenced to object, by delivering written notice to Seller with respect to any matters shown in the Title CommitmentCommitment and Survey, and any matters shown therein and not objected to by Purchaser within said Objection Period shall be deemed approved by Purchaser (and shall be included in the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies definition of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”"Permitted Exceptions"). Buyer will be deemed If Purchaser does give such notice within the timeframe described above and objects to title matters, then Seller shall have approved all matters reflected by the Survey or Title Commitment ten (10) days to deliver a written response as to which objections, if any, Seller agrees to cure. If Purchaser is not satisfied with the objections Seller does not agree to cure, then Purchaser may terminate this Agreement by delivering a written notice of termination, within five (5) days after receipt of Seller's response whereupon the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser and neither party shall have any further obligation to the other, except for those obligations that expressly survive the termination of this Agreement. Seller shall have until the Closing date to cure the objections Seller has made no Title Objection by agreed to cure. If Seller does not so remedy any matters to which Purchaser has objected and Seller has agreed to cure, then Purchaser shall have the Title Objection Deadline. The matters that Buyer option of either approves (1) completing this transaction and accepting such title as Seller is able to convey, without reduction of the Purchase Price, or is deemed to have approved are “Permitted Exceptions.” If (2) terminating this Agreement, in which event the ▇▇▇▇▇▇▇ notifies Seller Money shall be returned to Purchaser and neither party shall have any further obligation to the other hereunder, except for those obligations which expressly survive the termination of any Title Objectionsthis Agreement. Notwithstanding the foregoing, Seller has 7 days from receipt of ▇▇▇▇▇’s notice shall be required to notify Buyer whether Seller agrees pay off and/or cause to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before be satisfied at Closing, Buyer mayany liens, within 7 days judgments, deeds of trusts, and any other title objections which can be satisfied of record by a stated sum of money, whether or not such monetary title objections are included in Purchaser's notice. From time to time, at any time after the deadline for expiration of the giving Inspection Period and prior to the Closing date, Purchaser may give written notice of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed objections to close, matters of title first appearing in any updated title commitment issued after the initial Title Commitment and all such additional objections shall be subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure procedures for resolution of title objections set forth in the Cure Noticethis Section 5.3.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Blue Ridge Real Estate Co), Purchase and Sale Agreement (Blue Ridge Real Estate Co)

Title Objections. At any time during the Due Diligence Period, Buyer has 14 days after delivery of may notify Seller in writing (the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection DeadlineNotice”) of any objections Buyer may have to review Seller’s title to the Survey, Hotel disclosed by any title report obtained by Buyer from the Title Commitment, and legible copies Company or any matters disclosed by any survey of the title instruments referenced in them Land and notify Seller of Buyer’s objections to any of them Improvements obtained by Buyer (collectively, the “Title Objections”), which notice shall also include a copy of such title report and survey. Subject to the provisions of Section 6.2 below, any item contained in the title report or in the survey to which Buyer will does not object during the Due Diligence Period shall be deemed acceptable to have approved all matters reflected Buyer (collectively, the “Agreed Exceptions”). If Buyer shall timely provide the Title Objection Notice to Seller, then Seller may elect to cure such objections, including without limitation, by endorsement or other title insurance action, by providing written notice thereof to Buyer (the Survey “Title Objection Response”) within seven (7) days of Seller’s receipt of the Title Objection Notice. If Seller is unable to or elects not to satisfy Buyer’s objections, then Buyer may terminate this Agreement as provided in Section 5.1 above, by providing written notice of such termination within five (5) days of Buyer’s receipt of the Title Commitment Objection Response. If Seller has made an offer to Buyer to cure any Title Objection made by Buyer, which has been accepted by Buyer, Seller shall use its reasonable efforts to so cure said Title Objection on or prior to Closing, but shall not be in default hereunder for Seller’s failure to do so. In the event that Seller is unable to so cure said Title Objection on or prior to the Closing, then Buyer may terminate this Agreement by delivering written notice of such termination to Seller and Escrow Agent, in which event Escrow Agent shall disburse the entire ▇▇▇▇▇▇▇ has made Money to Buyer, and, upon such disbursement, this Agreement shall automatically terminate, and shall be deemed null and void and of no Title Objection by further force or effect, and neither party shall have any rights or obligations against or to the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptionsother except those which expressly survive such termination.” If ▇▇▇▇▇ notifies Seller of any Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.

Appears in 2 contracts

Sources: Hotel Purchase and Sale Agreement, Hotel Purchase and Sale Agreement (Sotherly Hotels Lp)

Title Objections. Buyer has 14 ten (10) days after the delivery of the last of both the Title Commitment, legible copies of the instruments referenced in the Title Commitment, Commitment and the Survey if a new Survey is required by Buyer or Title Company ("Title Objection Deadline") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 30 days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or terminated, in which case Buyer will shall be entitled to the return of all ▇▇▇▇▇▇▇ Money, if any, on deposit with the Title Company. Alternatively, Buyer may elect to proceed to close, subject to Seller’s obligations's obligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Sales Contract (Ricks Cabaret International Inc)

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.5. ("Title Objection Deadline") to obtain and review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five business days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five business days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, 's obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure only any other Title Objections that Seller has agreed to cure in the Cure Notice. At or before Closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure any other Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Sales Contract

Title Objections. Buyer has 14 days after delivery acknowledges receipt of (i) a current title commitment for an extended coverage title insurance policy with respect to the Premises issued by the Escrow Agent with an effective date of April 8, 2015 (the “Title Commitment”) and copies of all underlying documents relating to title exceptions referred to therein, and (ii) a survey of the last Property dated as of February 20, 2015 (the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will shall have until Close of Business on the sixth (6th) business day prior to the Due Diligence Expiration Date to notify Seller, in writing, of such objections to title or survey as Buyer may have. Any title or survey matter to which Buyer does not so object by such time shall be deemed to have approved all matters reflected by a Permitted Exception. In the Survey or Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that event Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies shall so notify Seller of any Title Objectionsobjection(s) to title, Seller has 7 shall have the right, but not the obligation, to cure such objection(s), other than any defects, objections or exceptions which comprise mortgages or liens voluntarily created by Seller, and, to a maximum of One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, involuntary liens over a liquidated sum, which can be satisfied by payment of a liquidated amount, which Seller agrees that it shall either pay, discharge or comply with at or before the Closing or make arrangement with the Title Company to insure (at normal rates) without such objection as an exception in Buyer’s Title Policy. In the event there are any objections which Seller is not obligated to cure, then within three (3) business days from after receipt of ▇▇▇▇▇Buyer’s notice to of objection(s), Seller shall notify Buyer in writing whether Seller agrees elects to attempt to cure the Title Objections before Closing (“Cure Notice”such objection(s). Failure of Seller to give such notice shall be deemed an election by Seller not to cure such objection(s). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree elects to attempt to cure all any such matter, Seller shall use reasonable efforts to cure such objections. If Seller elects not to cure any objection(s) specified in Buyer’s notice which Seller is not required hereby to cure, or if Seller is unable to effect a cure prior to the Title Objections before Closing, Buyer may, shall have the following options to be given by written notice within 7 three (3) business days after the deadline for the giving of Seller’s Cure Noticenotice or deemed election: (i) to accept a conveyance of the Property subject to the Permitted Exceptions, notify specifically including any matter objected to by Buyer which Seller that either is unwilling or unable to cure (which such matter(s) shall thereafter be deemed to be a Permitted Exception), without reduction of the Purchase Price, or (ii) to terminate this Contract is terminated or Buyer will proceed to close, subject by sending written notice thereof to Seller’s obligations, at or before Closingand upon delivery of such notice of termination, this Contract shall terminate, in which case the Deposit shall be paid to remove all liquidated liens; remove all exceptions that arise bySeller (or, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Noticeevent of a New Material Title Defect, the Deposit shall be returned to Buyer), and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except for the Surviving Obligation, as hereinafter defined.

Appears in 1 contract

Sources: Purchase and Sale Contract (Resource Real Estate Opportunity REIT, Inc.)

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.4. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment Commitment, to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Real Estate Purchase Contract

Title Objections. Buyer has 14 10 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, the UCC Search, and the Survey if a new Survey is required by Buyer or Title Company ("Title Objection Deadline") to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 20 days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 20 days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s 's obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.

Appears in 1 contract

Sources: Real Estate Sales Contract

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and on Schedule B of the Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. Notwithstanding any other provision herein, at or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Real Estate Sales Contract

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.6. (“Title Objection Deadline”) to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Sales Contract (360 Global Wine Co)

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.5. ("Title Objection Deadline") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of ▇▇▇▇▇’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, 's obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Real Estate Sales Contract

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of ▇▇▇▇▇’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Real Estate Sales Contract

Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which ▇▇▇▇▇ Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of ▇▇▇▇▇Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.

Appears in 1 contract

Sources: Real Estate Sales Contract

Title Objections. Within thirty (30) days following receipt of the preliminary title reports referred to in Section 4.3, Buyer has 14 shall (a) review the form of Title Commitment and any related correspondence or information provided by Seller to the Title Company for each of the Purchased Premises and (b) give written notice to Seller of any Material Title Objections which Buyer or their lender may have to title. Material Title Objections shall not include the encumbrances set forth on Schedule 4.4 (“Permitted Encumbrances”). Seller is not obligated to cure title defects, remove encumbrances or convey an estate greater than it owned on the Execution Date. Should a title examination disclose unpaid or possible unpaid franchise taxes due the State by Seller, such taxes shall not be considered a Material Title Objection, provided Seller furnishes Buyer or the Title Company a letter agreeing to satisfy any delinquency for such taxes. Within fifteen (15) days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller receipt of Buyer’s objections to any notice of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Title Commitment to which ▇▇▇▇▇ has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If ▇▇▇▇▇ notifies Seller of any Material Title Objections, Seller has 7 days from receipt of ▇▇▇▇▇’s notice shall commence to notify Buyer whether Seller agrees use its commercially reasonable efforts to cure the Material Title Objections before Closing (“Cure Notice”)to the reasonable satisfaction of the Title Company or reach an agreement with Buyer as to the resolution of the Material Title Objections. If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree is unable to cure all a Material Title Objection and the Parties are unable or unwilling to reach agreement with respect to such Material Title Objections before ClosingObjection within five (5) days, Buyer may, within 7 days after at Buyer’s option, either (a) waive such uncured Material Title Objection and proceed with the deadline for transactions contemplated by this Agreement; or (b) if Buyer does not so waive such uncured Material Title Objection, then drop the giving applicable Purchased Premises from this Agreement pursuant to Section 2.3 (Dropped Premises) and consummate the purchase of Seller’s Cure Notice, notify Seller that either this Contract is terminated the remaining Purchased Premises. Notwithstanding the preceding sentence or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed provision of this Agreement to cure in the Cure Notice.the

Appears in 1 contract

Sources: Asset Purchase and Sale Agreement (Tesoro Corp /New/)