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STATION DIST DDA WITH CRA
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STATION DIST DDA WITH CRA
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7/29/2020 4:28:28 PM
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9/27/2010 1:29:49 PM
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cause Old republic Title Company, or another title company mutually agreeable to both parties <br />(the ;Title Company"), to deliver to the Developer a standard preliminary title report (the <br />'IRepo rt' � ) with respect to the title to the Site, together with legible copies of the documents <br />constituting title exceptions (the ;`Exceptions}') set forth in the Report. The Developer shall have <br />the right to approve or disapprove in its sole discretion i the Report, (ii) the Exceptions, <br />(iii) any surveys del ivere d to i t b y Agency or ordered b y Dev lop r, iv the av aiIabiIi ty and cost <br />of any title endorsements the Developer or its lenders may desire, and v any other matters <br />pertaining to title (collectively, the "Title Matters"); provided, however, that the Developer <br />herein approves the following Exceptions: <br />(a) the Redevelopment Plan; <br />(b) the lien of any nondelinquent taxes and assessments Ito be prorated <br />at Close of Escrow) with respect to each Phase; and <br />(c) the provisions of the Grant Deed. <br />The Developer shall have one hundred twenty 1 days from the Date of <br />Agreement to give written notice to the Agency and Escrow Holder of the Developer" s approval <br />or disapproval of any Title Matters. The Developer's failure to give written disapproval within <br />such time limit shall be deemed approval of all Title matters. If the Developer notifies the <br />Agency of its disapproval of any Title Fatter, the Agency shall have the right, but not the <br />obligation, within ten W business days after receiving written notice of the Developer's <br />disapproval, to notify the Developer that it will cause the same to be cured at the Agency's sole <br />cost to the Developer's satisfaction. If the Agency cannot or does not timely so elect by timely <br />delivery of notice, the Developer s hall have ten 1 business days after the expiration of such <br />ten 1 business d air period to either give the Agency written notice that the Developer elects to <br />proceed with the purchase of the Phase affected thereby subject to the disapproved Title <br />Matter(s) or to give the Agency written notice that the Developer el is to terminate the rights <br />and obligation of the parties under this Agreement with respect to such Phase. The Developer <br />shall have the right to approve or disapprove are subsequent title exceptions not caused by the <br />Developer and reported after the Developer has approved the Title Matters in the manner set <br />forth above, including Title Matters associated with any Additional Properties. If the Developer <br />disapproves any subsequent title exception, and the matter cannot be olv d to the satisfaction of <br />the parties, the Developer s h all have the right to terminate the rights and obligations of the <br />parties under this Agreement with respect to the Phase affected thereby. Except as set forth <br />herein, the Agency shall not voluntarily create any new exceptions to title following the Date of <br />Agreement. <br />203. Title Insurance. Concurrently with recordation of each Grant Deed conveying <br />title to the applicable Phase, there shall b e issued to the Developer a CLTA (or, at Developer's <br />request, are T owner's policy of title insurance each, a "Title Policy"') in the amount of the <br />u nre s trio to d fair market value of the portion of the Site being conveyed, as agreed upon by the <br />parties prior to Closing, together with such endorsements as the Developer arranges with the <br />Title Company during the title review period described in Section 202, issued by the <br />Title Company insuring that the title to such Phase is vested in the Developer with no exceptions <br />other than those approved by the Developer pursuant to Section 202. The Title Company shall <br />1 <br />ISO O 14 73041200272 -O 1 <br />
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