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Title Insurance
Title Insurance contract clause examples

Title Insurance. The Mortgage Loan is covered by an American Land Title Association buyer’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California, a California Land Title Association buyer’s title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring a Seller, its successors and assigns, as to the first priority lien of the Mortgage, as applicable in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (a), (b) and (c) of paragraph # of this [Schedule 1]-A, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such buyer’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. A Seller, its successors and assigns, are the sole insureds of such buyer’s title insurance policy, and such buyer’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the Transactions contemplated by this Agreement. No claims have been made under such buyer’s title insurance policy, and no prior holder or servicer of the related Mortgage, including any Seller, has done, by act or omission, anything which would impair the coverage of such buyer’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by any Seller.

Title Insurance. The Borrowers shall maintain one or more mortgagee’s title insurance policy or commitment in favour of the Lender insuring that title to each Property comprising a Project (if owned or leased by a Project Credit Party) purported to be covered by a registered fixed charge under the Security is marketable and that the interests created by such registered fixed charge constitute a valid first Lien thereon free and clear of all defects and Liens other than Permitted Encumbrances, # in an aggregate amount not less than one hundred percent (100%) of the aggregate of the Project Mortgage Commitments under this Agreement (as such amount may be increased from time to time in accordance with this Agreement); # insured by such title insurer selected by the Project Borrower and satisfactory to the Lender acting reasonably; # in a form and substance consistent with lenders’ policies typically issued in the relevant jurisdiction; and # containing such endorsements and exclusions as may be required by the Lender acting reasonably.

. Sellers have provided to Buyer title insurance commitments, issued by the Bay Title & Abstract, [[Parties:Organization]] (the “Title Company”), agreeing to issue to the applicable Company (for the benefit of Buyer) current, standard form ALTA owner’s policies of title insurance with respect to the Owned Real Property (the “Title Insurance”), together with a copy of each document to which reference is made in such commitments[[Parties:Organization]] Such policies shall be in the amount of the full fair market value of the applicable Owned Real Property, insuring good and marketable title thereto subject to Permitted Liens, and shall contain such endorsements as Buyer shall reasonably request, provided Sellers shall not be required to provide a nonimputation endorsement or execute any affidavit required by the Title Company to issue a nonimputation endorsement[[Parties:Organization]] All premiums for the issuance of the Title Insurance shall be paid fifty percent (50.00%) by the Sellers and fifty percent (50.00%) by the Buyer[[Parties:Organization]]

Title Insurance. A policy or policies of title insurance (or marked-up title insurance commitments having the effect of policies of title insurance) in the amount equal to the fair market value of such Eligible Asset and fixtures issued by a nationally recognized title insurance company reasonably acceptable to the Administrative Agent (the “Title Company”) insuring the Lien of each such Mortgage as a first priority Lien on the Eligible Asset described therein, free of any other Liens except as permitted pursuant to [Section 10.2(a), (d), (f), (h) and (i)])])])])] and such other Liens as are agreed to by the Administrative Agent in its sole discretion, together with such customary endorsements as the Administrative Agent may reasonably request to the extent available in the applicable jurisdiction at commercially reasonable rates, together with evidence reasonably satisfactory to the Administrative Agent of payment of all expenses and premiums of the Title Company and all other sums required in connection with the issuance of each title policy and all recording and stamp taxes (including mortgage recording and intangible taxes) payable in connection with recording the Mortgages in the appropriate real estate records.

Title Insurance. With respect to the Real Properties or any of them, Buyer shall have the right (without obligation) to obtain, at Buyer’s sole cost, and deliver to Seller a commitment (“Title Commitment”) issued by a title insurance company of Buyer’s selection (the “Title Company”), for an owner’s title insurance policy insuring Buyer or Buyer’s designee (“Title Policy”), ALTA Policy Form 2006, in the full amount of the portion of the Purchase Price applicable to the Real Property being conveyed or a title opinion or title report addressed to Buyer (“Title Report”). If Buyer obtains a Title Commitment, it shall be a Condition Precedent to Buyer’s obligation to proceed to the relevant Closing that, at such Closing, the Title Company shall issue the Title Policy to Buyer insuring Buyer or Buyer’s designee as the fee simple owner of the Real Property for the full amount of the portion of the Purchase Price allocated to such Real Property.

TITLE INSURANCE. Buyer may provide a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B" with Florida revisions) from a title insurance company approved by DSL, insuring marketable title to the Property in the amount of the Purchase Price at Buyer's expense.

Title Insurance. In connection with the Real Property Collateral, Borrower shall cause to be delivered to Lender, at or prior to Closing, a pro forma ALTA title insurance policy or policies in Lender’s favor insuring the lien of the Mortgage on the Real Property Collateral, together with any endorsements required by Lender, containing no exceptions which are unacceptable to Lender, endorsed as of the Closing Date and in amounts satisfactory to Lender.

Title Insurance. Each Title Insurance Policy in effect with respect to the related Bond Mortgage is identical to the policy previously submitted to Freddie Mac by the Sponsor. There are no conditions or encumbrances that have not been disclosed to the title insurer and that would provide a reasonable basis for the title company refusing to honor a claim. To the knowledge of Sponsor, there are no liens or encumbrances affecting the Bond Mortgage or the Mortgaged Property that are not identified in Section 2.1(r), in [Schedule B] to the Title Insurance Policy or in the title report delivered to Freddie Mac in connection with this transaction arising during the period from the effective date of the Title Insurance Policy to the Closing Date.

Title Insurance. The Mortgage Loan is covered by an American Land Title Association buyer’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California, a California Land Title Association buyer’s title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring a Seller, its successors and assigns, as to the first priority lien of the Mortgage, as applicable in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (a), (b) and (c) of paragraph # of this [Schedule 1], and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such buyer’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. A Seller, its successors and assigns, are the sole insureds of such buyer’s title insurance policy, and such buyer’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the Transactions contemplated by this Repurchase Agreement. No claims have been made under such buyer’s title insurance policy, and no prior holder or servicer of the related Mortgage, including any Seller, has done, by act or omission, anything which would impair the coverage of such buyer’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by any Seller.

Title Insurance. The marked-up title commitment showing satisfaction of Buyer’s objections.

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