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Contract analysis / psa-exhibit-a-legal-descriptions.docx
psa-exhibit-a-legal-descriptions.docx
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1. Survey Confirmation. Each legal description set forth in this Exhibit A has been confi
1. Survey Confirmation. Each legal description set forth in this Exhibit A has been confirmed against the corresponding ALTA/NSPS Land Title Survey (2021 Minimum Standard Detail Requirements) prepared by Meridian Land Surveying, Inc. (Daniel Caulfield, PLS, PE) and certified to Fairwater Real Estate Investment Trust, Commonwealth National Title Insurance Company, and the applicable mortgage lender(s) for each propert
2. Title Commitment Consistency. Each legal description set forth in this Exhibit A is co
2. Title Commitment Consistency. Each legal description set forth in this Exhibit A is consistent with the corresponding title commitment issued by Commonwealth National Title Insurance Company (Kenneth Stanhope, SVP, Title Officer), as identified in the applicable commitment number set forth on Exhibit O to the Agreement. Each title commitment was issued as of a date no earlier than January 15, 2024, and the effecti
3. Permitted Exceptions. The permitted exceptions applicable to each property described h
3. Permitted Exceptions. The permitted exceptions applicable to each property described herein are set forth in Exhibit P to the Agreement. The easements, rights-of-way, declarations, and other encumbrances referenced in the individual legal descriptions above are among, but are not necessarily all of, the permitted exceptions for each property.
4. Title and Survey Review. The parties' rights and obligations with respect to the revie
4. Title and Survey Review. The parties' rights and obligations with respect to the review of title commitments, surveys, and legal descriptions are governed by Section 5.3 of the Agreement. The deadline for Buyer to deliver a Title Objection Notice to Seller with respect to any matters disclosed by the title commitments or surveys is March 29, 2024.
5. Defined Terms. Capitalized terms used but not otherwise defined in this Exhibit A shal
5. Defined Terms. Capitalized terms used but not otherwise defined in this Exhibit A shall have the meanings ascribed to such terms in the Agreement.
6. Title Insurance. The aggregate insured amount under the ALTA Owner's Policies of Title
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⚑ Commercial term
6. Title Insurance. The aggregate insured amount under the ALTA Owner's Policies of Title Insurance (2021 form, with endorsements as specified in Section 5.3(d) of the Agreement) to be issued by Commonwealth National Title Insurance Company at Closing in favor of Buyer (or its designee) equals $1,100,000,000.00 (One Billion One Hundred Million Dollars), to be allocated among the fourteen (14) properties in accordance
7. Environmental Notes. Two (2) of the fourteen (14) properties — Property 3 (Westlake Di
7. Environmental Notes. Two (2) of the fourteen (14) properties — Property 3 (Westlake Distribution Hub) and Property 6 (Lakeland Crossings Industrial) — are identified in the Phase I Environmental Site Assessments prepared by Trident Environmental Group LLC as containing de minimis recognized environmental conditions (RECs). In each instance, the applicable regulatory agency has issued a no further action letter or
8. Property Condition Notes. Four (4) of the fourteen (14) properties — Property 6 (Lakel
8. Property Condition Notes. Four (4) of the fourteen (14) properties — Property 6 (Lakeland Crossings Industrial, $380,000), Property 9 (Buckhead Place Office Tower, $890,000), Property 10 (SouthPark Corporate Center, $250,000), and Property 11 (Cool Springs Office Park, $620,000) — have been identified in the Property Condition Assessments prepared by Arcadian Building Sciences, LLC as having immediate repair needs