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SA 2017-001
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SA 2017-001
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t�1: ILiY /t` til x:1711 l Y i! <br />(c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall <br />comply with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United <br />States, the State, the County, the City, or any other political subdivision in which the Real Property is <br />located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over <br />the Real Property ("Governmental Requirements") with respect to Hazardous Materials. <br />6. Buyer's Conditions Precedent and TerminationRight. <br />(a) Conditions Precedent. The Closing and Buyer's obligation to consummate the <br />purchase of the Real Property under this Agreement are subject to the timely satisfaction, approval, or <br />written waiver of the following conditions precedent (collectively, "Buyer's Contingencies"), which <br />are for Buyer's benefit only. <br />(i) Title Review. Within twenty (20) calendar days after the Opening of <br />Escrow, but in no event later than the thirtieth (30`h) day after the Effective Date, Seller shall cause the <br />Title Company to deliver to Buyer a preliminary title report (the "Report") describing the title to the <br />Real Property, together with copies of the plotted easements and the exceptions (the "Exceptions") set <br />forth in the Repot; provided that the cost of the Report shall be borne by Seller. Seller acknowledges <br />that the Buyer's Title Policy shall include an endorsement against the effect of any mechanics' liens; <br />Seller will provide such indemnity or other assurances as necessary to induce the Title Company to <br />provide such endorsement. On or before the Soil and Title Contingency Date, Buyer shall have <br />approved in writing, in Buyer's sole discretion, any matters of title disclosed by the following <br />(collectively, the "Title Documents"): (i) the Report; (ii) the Exceptions; (iii) the legal description of <br />the Real Property and (iv) any survey Buyer desires to obtain at Buyer's sole cost and expense. Buyer's <br />failure to approve in writing the Title Documents prior to the Soil and the Title Contingency Date shall <br />be deemed to be a disapproval of the Title Documents. Buyer shall have the same rights to approve or <br />disapprove any exceptions to title that are not created by Buyer and that come into existence after <br />issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of <br />trust, mortgages, and delinquent taxes (but not the lien for any real property taxes or assessments not <br />yet delinquent). <br />(ii) Buyer's Title Policy. On or before the Closing, the Title Company <br />shall, upon payment (by Seller in accordance with Section 10(a)) of the Title Company's premium, <br />have agreed to issue to Buyer, a standard ALTA owner's policy of title insurance insuring only as to <br />matters of record title ("Standard Buyer's Title Policy") in the amount of the Purchase Price showing <br />fee title to the Real Property vested solely in Buyer and subject only to (i) the standard, preprinted <br />exceptions to Buyer's Title Policy; (ii) liens to secure payment of real estate taxes or assessments not <br />yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; <br />and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole <br />cost and expense, to obtain coverage beyond that offered by a standard ALTA policy (such as an <br />owner's extended coverage ALTA policy); provided, however, that Buyer's ability to obtain such <br />extended coverage shall not be a Buyer's Contingency and Buyer's obligations hereunder shall in no <br />way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole <br />responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other <br />matters required by the Title Company for such extended coverage. <br />In the event Buyer enters into a loan agreement to generate moneys to purchase <br />
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