Res 2004-090 - Laserfiche WebLink

Home Browse Search

Commercial Contract - Improved Property concerning B. Survey: (1) Within 15 days after the effective date: ~ (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. 1402 West Hopkins Street, San Marcos D (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. D (c) Seller will deliver a true and correct copy of Seller's existing survey of the Property dated . Seller, at Seller's expense: D (i) will have the existing survey recertified on a date not earlier than . D (ii) will not have the existing survey recertified. Seller D will D will not deliver to the title company an affidavit required by the title company for approval of the survey that states that Seller knows of no changes or alterations to the Property as depicted on the survey. (2) The survey required under Paragraph 6B(1) must be made by a Registered Professional Land Surveyor acceptable to the title company. The survey must: (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with corners permanently marked; (c) set forth the dimensions and total area of the Property; . (d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements, and rights-of-way on the Property with all easements and rights-of-way referenced to their recording information; (e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying in a special flood hazard area (an "A" or "V" zone as shown on the current Federal Emergency Management Agency (FEMA) flood insurance rate map); and (f) contain the surveyor's certificate that the survey is true and correct. C. UCC Search: D (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. ~ (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment. Survey. and UCC Search: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: (a) the matters disclosed constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA); (TAR-1801) 2-6-02 InlUaled for IdentlficaUon by Buyer ~,_ SellerJ:J:!2-, 56 Page 3 of 14 Produced with ZipForm"" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 T6285880.ZFX