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Contract analysis / title-objection-response-and-cure.docx
title-objection-response-and-cure.docx
High · 1
Medium · 1
Standard · 4
I. GEORGIA PROPERTIES (4 PROPERTIES)
High
⚑ Penalty / liquidated damages
I. GEORGIA PROPERTIES (4 PROPERTIES) A. Objection Items 1–3: GMP Fairfield I LLC — Fairfield Logistics Center I Property Address: 4200 Fairfield Industrial Blvd, Fairburn, GA 30213 Target Entity: GMP Fairfield I LLC, a Delaware limited liability company Title Commitment No.: CNT-2024-FA01-0042 Item 1: Outstanding Mechanic's Lien — Parking Lot Resurfacing Subcontractor (Approximately $47,200). The Objection Letter ide
II. TEXAS PROPERTIES (3 PROPERTIES)
Standard
⚑ Commercial term
II. TEXAS PROPERTIES (3 PROPERTIES) A. Objection Items 8–9: GMP Westlake LLC — Westlake Distribution Hub Property Address: 11500 Westlake Parkway, Houston, TX 77082 Target Entity: GMP Westlake LLC, a Delaware limited liability company Title Commitment No.: CNT-2024-WL01-0046 Item 8: UCC-1 Financing Statement Filed Against GMP Westlake LLC ($312,000 Original Secured Amount). The Objection Letter identifies a UCC-1 fin
III. FLORIDA PROPERTIES (3 PROPERTIES)
Standard
⚑ Commercial term
III. FLORIDA PROPERTIES (3 PROPERTIES) A. Objection Items 13–14: GMP Lakeland LLC — Lakeland Crossings Industrial Property Address: 7100 Drane Field Road, Lakeland, FL 33811 Target Entity: GMP Lakeland LLC, a Delaware limited liability company Title Commitment No.: CNT-2024-LK01-0049 Item 13: Open Building Permit — 2022 Warehouse Expansion. The Objection Letter identifies an open building permit issued by Polk County
IV. TENNESSEE PROPERTIES (3 PROPERTIES)
Medium
⚑ Notice / time limit to track
IV. TENNESSEE PROPERTIES (3 PROPERTIES) A. Objection Items 17–18: GMP Murfreesboro LLC — Murfreesboro Distribution Center Property Address: 1600 Joe B. Jackson Parkway, Murfreesboro, TN 37127 Target Entity: GMP Murfreesboro LLC, a Delaware limited liability company Title Commitment No.: CNT-2024-MU01-0052 Item 17: State of Tennessee Tax Lien — Franchise/Excise Tax ($23,450). The Objection Letter identifies a State of
V. NORTH CAROLINA PROPERTY (1 PROPERTY)
Standard
⚑ Commercial term
V. NORTH CAROLINA PROPERTY (1 PROPERTY) A. Objection Items 22–23: GMP SouthPark LLC — SouthPark Corporate Center Property Address: 6200 Fairview Road, Charlotte, NC 28210 Target Entity: GMP SouthPark LLC, a Delaware limited liability company Title Commitment No.: CNT-2024-SP02-0055 Item 22: Unreleased Deed of Trust Securing Prior Owner's Mezzanine Loan ($5,200,000). The Objection Letter identifies a deed of trust rec
VI. SUMMARY OF SELLER'S PROPOSED CURES AND RESPONSES
VI. SUMMARY OF SELLER'S PROPOSED CURES AND RESPONSES For ease of reference, the following is a summary of Seller's responses to all twenty-three (23) objection items: A. Mandatory Cure Items — Seller Agrees to Cure (6 Items) Seller will deliver evidence of cure for each Mandatory Cure Item (including recorded releases, UCC-3 termination filings, tax lien releases, and payoff letters) to Buyer's counsel and Commonweal
VII. CONCLUSION AND RESERVATION OF RIGHTS
VII. CONCLUSION AND RESERVATION OF RIGHTS We respectfully request that Buyer and its counsel review Seller's proposed cures, explanations, and Permitted Exception designations set forth in this letter and respond within a reasonable time frame so that the parties may resolve all outstanding title matters in advance of the scheduled Closing Date. Seller reserves all of its rights under the PSA, including without limit
I. ITEMS ACCEPTED WITHOUT COUNTER-COMMENT
I. ITEMS ACCEPTED WITHOUT COUNTER-COMMENT Buyer accepts Seller's proposed cure or Permitted Exception designation, as applicable, without further comment with respect to the following items: Items 1, 2, 4, 5, 8, 9, 11, 14, 16, 17, 19, 21, and 22 With respect to the foregoing, the following clarifications apply: A. Mandatory Cure Items (Items 1, 4, 5, 8, 17, and 22) Buyer confirms its acceptance of Seller's commitment
II. ITEMS ACCEPTED WITH CONDITIONS AND COUNTER-COMMENTS
Standard
⚑ Commercial term
II. ITEMS ACCEPTED WITH CONDITIONS AND COUNTER-COMMENTS Buyer provides the following counter-comments and conditions with respect to the remaining items: A. Item 3 — Brightwater Group Utility Easement (Fairfield Logistics Center I) Buyer accepts Seller's proposal to treat Item 3 as a Permitted Exception, subject to the following condition: Seller shall obtain and deliver to Buyer a written confirmation from Drayton H