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VEY: Within 30 days after the date of approval of Buyer’s mortgage loan (if any), the Seller will provide and deliver to Buyer or Buyer’s Attorney: A new spotted certified survey having all corners staked and showing all improvements upon the Property. 8. EXAMINATION OF TITLE AND TIME OF CLOSING: If the title evidence and survey as specified above disclose that Seller is vested with fee simple title to the Property (subject only to the permitted exceptions set forth above), this sale shall be closed and Buyer shall perform the agreements made in this contract, at the office of Buyer’s Attorney, on or before [ ] _______________________ [ ] _______________ days after the mortgage loan approval [ ] _______________ days after acceptance of this contract. If title evidence or survey reveal any defect or condition which is not acceptable to Buyer, the Buyer shall, within fifteen (15) days, notify the Seller of such title defects and Seller agrees to use reasonable efforts to remedy such defects and shall have thirty (30) days to do so, in which case this sale shall be closed within ten (10) days after delivery of acceptable evidence to Buyer and Buyer’s Attorney that such defects have been cured. Seller agrees to pay for and clear all delinquent taxes, liens, and other encumbrances, unless the parties otherwise agree. If Seller is unable to convey to Buyer a good and insurable title to the Property, the Buyer shall have the right to demand all sums deposited by Buyer and held by or for the Seller. At the same time, Buyer shall return to Seller all items, if any, received from Seller, whereupon all rights and liabilities of the parties to this contract shall cease. However, the Buyer shall have the right to accept such title as Seller may be able to convey and to close this sale upon the other terms as set forth in this contract. 9. PERFORMANCE: Time is of the essence of this Contract. Should Buyer fail to perform this Contract, then at the option of Seller and upon written notice to Buyer, the earnest money shall be forfeited by Buyer as liquidated damages and this Contract shall thereupon become null and void and Seller shall have the right, if necessary and applicable, to re-enter and take possession of the premises aforesaid, and all right in and title to the premises and any and all improvements made upon said premises by Buyer shall vest in Seller. Buyer or Seller shall pay all reasonable attorneys’ fees and costs incurred by the prevailing party in enforcing the terms and provisions of this Contract, including forfeiture or specific performance, or in defending any proceeding to which Buyer or Seller is made a party as a result of the acts or omissions of the other party. 10. CONDOMINIUM PROVISION: (a) If the subject property is a condominium unit, this contract is subject to the condition that Seller be able to obtain release or waiver of any right of first refusal or other preemptive rights of purchase created by the Declaration of Condominium within the time established by said Declaration. If, after making every reasonable effort, Seller is unable to obtain such release or waiver within the time provided and so notifies Buyer within that time, this contract shall become null and void and all of Buyer’s deposits shall be returned to the Buyer, provided that if said option or preemptive right is not exercised within the time specified by the Declaration of Condominium, this contract shall remain in full force and effect for that period of time which the Declaration of Condominium provides for completion of the sale, should the option or preemptive right not be exercised. If the Declaration of Condominium contains no such option or preemptive right, this paragraph (a) shall be null and void and not part of this contract. (b) Seller represents and warrants that there are no condominium assessments currently due and owing. 11. CONDIT 上一页 [1] [2] [3] [4] [5] 下一页 |