Common use of Bond Clause in Contracts

Bond. 7.1 If an amount is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining a loan, as specified in the SCHEDULE, from a bank or recognized financial institution on its normal terms and conditions against the security of a first mortgage bond over the Unit within 14 (fourteen) days of the date of signature or this agreement (the “INITIAL PERIOD”), or on or before such further date as the Seller in its discretion may without reference or notice to the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects to consider this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee for the shortfall within 7 (seven) days from the date of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything to the contrary aforegoing the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature hereto, the Purchaser specifically and irrevocably grants to the Agent or the Seller a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making application for the required loan finance on behalf of the Purchaser. 7.6 The Seller shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), to procure registration of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 2 contracts

Samples: Deed of Sale, Deed of Sale

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Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the property (and/or the dwelling to be erected in terms of the building agreement) against the security of the mortgage bond to be registered over the property then: 16.1 This agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph E3 of a first mortgage bond over the Unit Information Schedule within 14 21 (fourteentwenty one) days of the date of signature hereof or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in its sole discretion may without reference or notice determine; 16.2 Should the Seller elect to extend the period within which its loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. regard for the duration of the extended period; 16.3 The Purchaser undertakes agrees to furnish make use of the services of Sitari Property Sales (Pty) Limited, Tel No: 000 000 0000 and Mortgage Max/GoBond (Xxxxx van Rensburg), Tel No: 000 000 0000 as the mortgage originator for the loan referred to in clause 16.1 above or any other estate agent or mortgage originator appointed by the Seller’s Attorneys with either payment or a bank guarantee for the shortfall within 7 (seven) days from the date of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything to the contrary aforegoing the 16.4 The Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically shall make a written application for the loan within 3 days after signature of this agreement and irrevocably grants to should such application be unsuccessful, the Agent Purchaser shall, until the expiry of the initial period or the Seller a power of attorney extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in rem suam order to apply for obtain the required loan finance on his behalf.elsewhere; 7.5 16.5 The Purchaser undertakes within 7 (seven) days to procure that the financial institution from which the Purchaser obtains the loan instructs attorneys Xxxxxx Xxxxxxxxx, to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Sellers attorneys; 16.6 All costs to be associated with the registration of the Signature Date mortgage bond to furnish secure the loan to be taken up by the Agent or the Seller such information as may Purchaser shall be reasonably required for purposes of making application for the required loan finance on behalf account of the Purchaser. 7.6 The Seller 16.7 Upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre - agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount whether or not such quotation or pre-agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costs, save for deemed to have been approved. 16.8 In the initiation and/or valuation fee(s) levied event of the building price being partly or entirely financed by the financial institution(s), to procure registration of a building loan secured by a mortgage bond over the Property obtained from a bank or other approved financial institution then: 16.8.1 as security for loan finance obtained. Such costs shall due payment the Purchaser irrevocably cedes to the Seller the total proceeds of the building loan; 16.8.2 the Seller is hereby irrevocably authorised and empowered to receive direct payment of the balance of the building price from the financial institution concerned and the Purchaser agrees to sign all draw forms that may be paid required for purposes of the Purchaser meeting his obligations in terms of this agreement when attending upon the attorneys attending to the mortgage bond for purposes of signing any bond documentation that may be required. 16.9 The Purchaser undertakes, if so required, to sign the necessary NHBRC forms to enable the Seller to receive payments on bond withdrawals within three days of being called on to do so by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s(if applicable). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 2 contracts

Samples: Deed of Sale, Deed of Sale

Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Property against the security of the mortgage bond to be registered over the Property then: 8.1 this Agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph D4 of a first mortgage bond over the Unit Information Schedule within 14 30 (fourteenThirty) days of the date of signature Signature Date or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in may determine; 8.2 should the Seller elect to extend the period within which its discretion may without reference or notice loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee regard for the shortfall within 7 (seven) days from the date duration of the granting extended period; 8.3 the Purchaser agrees to make use of the aforesaid bond. 7.2 In the event services of the Purchaser being unsuccessful Mortgage Originator described as such in obtaining paragraph F of the aforesaid Information Schedule, for the loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser referred to in writing that the EXTENDED PERIOD is terminatedclause 8.1 above; 7.3 Notwithstanding anything to the contrary aforegoing 8.4 the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically and irrevocably grants to the Agent or the Seller shall make a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making written application for the required loan finance on behalf within 3 days after Signature Date and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; 8.5 the Purchaser undertakes to procure that the financial institution from which the Purchaser obtains the loan instructs the Attorneys, (or such attorneys as indicated by the Attorneys) to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Attorneys; 8.6 all costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser. 7.6 The Seller 8.7 upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre - agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the amount stated in paragraph D4 of the Information Schedule, whether or not such quotation or pre - agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), deemed to procure registration of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneyshave been approved.

Appears in 2 contracts

Samples: Land Sale Agreement, Deed of Sale

Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Unit against the security of the mortgage bond to be registered over the Unit, then: 19.1 This Agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in Clause E3 of a first mortgage bond over the Unit Information Schedule within 14 21 (fourteentwenty one) days of the date of signature Signature Date or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in its sole discretion may without reference or notice determine. 19.2 Should the Seller elect to extend the period within which its loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition regard for the duration of the extended period; INITIAL 19.3 The Purchaser agrees to be fulfilledmake use of the services of MORTGAGE MAX Tel no. The 000 000 0000 (Xxxxxx Xxxxxxx Tel no. 000 000 0000) as the mortgage originator for the loan referred to in clause 19.1 above or any other mortgage originator appointed by the Seller; 19.4 If the Purchaser intents on making use of a private banker, the Purchaser undertakes to furnish inform the Seller’s Attorneys mortgage originator with either payment or a bank guarantee for the shortfall name and contact details of such private banker, within 7 (seven) 3 days from the date of the granting of the aforesaid bondSignature Date. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 19.5 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything to the contrary aforegoing the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically shall make a written application for the loan within 3 days after Signature Date and irrevocably grants to should such application be unsuccessful, the Agent Purchaser shall, until the expiry of the initial period or the Seller a power of attorney extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in rem suam order to apply for obtain the required loan finance on his behalf. 7.5 elsewhere; INITIAL The Purchaser undertakes within 7 (seven) days of to ensure, by completing and signing the Signature Date attached Annexure E to furnish this Agreement, when applying for a mortgage loan through a private banker, that the financial institution from which the Purchaser obtains the loan, instructs Xxxxxx Xxxxxxxxx Attorneys to attend to the Agent or the Seller such information as may be reasonably required for purposes of making application for the required loan finance on behalf of the Purchaser. 7.6 The Seller shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), to procure registration of a mortgage such bond over the Property or any other attorneys as security for loan finance obtained. Such costs shall be paid determined by the Seller Xxxxxx Xxxxxxxxx Attorneys, due to the Seller’s Attorneys on request therefore fact that this transaction forms part of a development sale by the Seller’s Attorneys, which is being attended to by the Sellers attorneys. The Purchaser shall furnish the mortgage originator with the said Annexure E, as proof, within 3 days of Signature Date. 19.6 All costs to be liable for associated with the initiation and/or valuation fee(s) levied by registration of the financial institution(s). Such costs shall mortgage bond to secure the loan to be paid taken up by the Purchaser shall be for the account of the Purchaser. INITIAL 19.7 Upon the issue to the Seller’s Attorneys on request thereof Purchaser by the Seller’s Attorneyssaid financial institution of a written quotation and a written pre ‐ agreement statement (as contemplated in Section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount recorded in E3 of the Information Schedule whether or not such quotation or pre‐agreement statement is accepted by the Purchaser, the mortgage loan shall be deemed to have been approved.

Appears in 1 contract

Samples: Deed of Sale

Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the property (and/or the dwelling to be erected in terms of the building agreement) against the security of the mortgage bond to be registered over the property then: 12.1 This agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph E3 of a first mortgage bond over the Unit Information Schedule within 14 21 (fourteentwenty one) days of the date of signature hereof or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in its sole discretion may without reference or notice determine; 12.2 Should the Seller elect to extend the period within which its loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. regard for the duration of the extended period; 12.3 The Purchaser undertakes agrees to furnish make use of the services of Sitari Property Sales (Pty) Limited, Tel No: 000 000 0000 and Mortgage Max/GoBond (Xxxxx van Rensburg), Tel No: 000 000 0000 as the mortgage originator for the loan referred to in clause 12.1 above or any other estate agent or mortgage originator appointed by the Seller’s Attorneys with either payment or a bank guarantee for the shortfall within 7 (seven) days from the date of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything to the contrary aforegoing the 12.4 The Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically shall make a written application for the loan within 3 days after signature of this agreement and irrevocably grants to should such application be unsuccessful, the Agent Purchaser shall, until the expiry of the initial period or the Seller a power of attorney extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in rem suam order to apply for obtain the required loan finance on his behalf.elsewhere; 7.5 12.5 The Purchaser undertakes within 7 to procure that the financial institution from which the Purchaser obtains the loan instructs attorneys Xxxxx Xxxxx Xxxxx Incorporated (seven“DGH Attorneys Inc”) days of Xxxxxx 0, 0xx Xxxxx, 0 Xxxxxxxx Xxxxxx, Xxx Xxxxxxxxx & Xxxxx Xxxxxx, Xxxxxxxxxxx X +00 (0) 00 000 0000, P O Box 158 Cape Town 8000 (or any other firm as nominated by the Seller from time to time), to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Sellers attorneys; 12.6 All costs to be associated with the registration of the Signature Date mortgage bond to furnish secure the loan to be taken up by the Agent or the Seller such information as may Purchaser shall be reasonably required for purposes of making application for the required loan finance on behalf account of the Purchaser. 7.6 The Seller 12.7 Upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre - agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount whether or not such quotation or pre-agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), deemed to procure registration of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneyshave been approved.

Appears in 1 contract

Samples: Deed of Sale

Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Property against the security of the mortgage bond to be registered over the Property then: 8.1 this Agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph D4 of a first mortgage bond over the Unit Information Schedule within 14 30 (fourteenThirty) days of the date of signature Signature Date or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in may determine; 8.2 should the Seller elect to extend the period within which its discretion may without reference or notice loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee regard for the shortfall within 7 (seven) days from the date duration of the granting extended period; 8.3 the Purchaser agrees to make use of the aforesaid bond. 7.2 In the event services of the Purchaser being unsuccessful Mortgage Originator described as such in obtaining paragraph F of the aforesaid Information Schedule, for the loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser referred to in writing that the EXTENDED PERIOD is terminatedclause 8.1 above; 7.3 Notwithstanding anything to the contrary aforegoing 8.4 the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically and irrevocably grants to the Agent or the Seller shall make a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making written application for the required loan finance on behalf within 3 days after Signature Date and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; 8.5 the Purchaser undertakes to procure that the financial institution from which the Purchaser obtains the loan instructs the Bond Registration Attorneys, referred to above in clause 2.1.4, (or such attorneys as indicated by the Attorneys) to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Attorneys; 8.6 all costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser. 7.6 The Seller 8.7 upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre - agreement statement (as contemplated in section 92 of the National Credit Act, No. 34 of 2005) in respect of the mortgage loan in the amount stated in paragraph D4 of the Information Schedule, whether or not such quotation or pre - agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costsdeemed to have been approved. 8.8 The Preferred Contractor, save for the initiation and/or valuation fee(s) levied Skyfall may be contacted by the financial institution(s)Purchaser, in order to procure registration provide a building quotation for purpose of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid application by the Seller to Purchaser, Skyfall contact details recorded in H of the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s AttorneysInformation Schedule above.

Appears in 1 contract

Samples: Deed of Sale

Bond. 7.1 If an amount is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining a loan, as specified in the SCHEDULE, from a bank or recognized financial institution on its normal terms and conditions against the security of a first mortgage bond over the Unit within 14 (fourteen) days of the date of signature or this agreement (the “INITIAL PERIOD”), or on or before such further date as the Seller in its discretion may without reference or notice to the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects to consider this condition to be fulfilled. The , the Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee for the shortfall within 7 (seven) days from the date of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything to the contrary aforegoing the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature hereto, the Purchaser specifically and irrevocably grants to the Agent or the Seller a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making application for the required loan finance on behalf of the Purchaser. 7.6 The Seller shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), to procure registration of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 1 contract

Samples: Deed of Sale

Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Property (and/or the Dwelling to be erected in terms of the Building Agreement) against the security of the mortgage bond to be registered over the Property then: 8.1 this Agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph E5 of a first mortgage bond over the Unit Information Schedule within 14 21 (fourteenTwenty One) days of the date of signature hereof or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in may determine; 8.2 should the Seller elect to extend the period within which the loan is to be granted, the Seller and/or its discretion may without reference or notice agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee regard for the shortfall within 7 (seven) days from the date duration of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminatedperiod; 7.3 Notwithstanding anything to the contrary aforegoing 8.3 the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically and irrevocably grants to the Agent or the Seller shall make a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making written application for the required loan finance on behalf within 3 (three) days after signature of this Agreement and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; 8.4 the Purchaser undertakes to request that the financial institution from which the Purchaser obtains the loan instructs attorneys Xxxxxxxx & Xxxxx attorneys, to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Sellers attorneys; 8.5 all costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser. 7.6 The Seller 8.6 upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre-agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount whether or not such quotation or pre-agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costs, save for deemed to have been approved. 8.7 In the initiation and/or valuation fee(s) levied event of the Construction Price being partly or entirely financed by the financial institution(s), to procure registration of a building loan secured by a mortgage bond over the Property obtained from a bank or other approved financial institution then: 8.7.1 as security for loan finance obtained. Such costs shall due payment the Purchaser irrevocably cedes to the Seller the total proceeds of the building loan; 8.7.2 the Seller is hereby irrevocably authorised and empowered to receive direct payment of the balance of the building price from the financial institution concerned and the Purchaser agrees to sign all draw forms that may be paid required for purposes of the Purchaser meeting his obligations in terms of this agreement,provided the Architect has certified such progress. 8.8 The Purchaser undertakes, if so required, to sign the necessary NHBRC forms to enable the Seller to receive payments on bond withdrawals within 3 (three) days of being called on to do so by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s(if applicable). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 1 contract

Samples: Deed of Sale

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Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Property (and/or the Dwelling to be erected in terms of the Building Agreement) against the security of the mortgage bond to be registered over the Property then: 8.1 this Agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph E5 of a first mortgage bond over the Unit Information Schedule within 14 21 (fourteenTwenty One) days of the date of signature hereof which period shall automatically be extended by a further 14 (fourteen) days or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in may determine should the loan not be granted within the initial 21 (Twenty One) day period; 8.2 should the Seller elect to extend the period within which the loan is to be granted, the Seller and/or its discretion may without reference or notice agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee regard for the shortfall within 7 (seven) days from the date duration of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminatedperiod; 7.3 Notwithstanding anything to the contrary aforegoing 8.3 the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically shall make a written application for the loan within 3 (three) days after signature of this Agreement and irrevocably grants should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; 8.4 The Purchaser agrees that the Agent or shall cause an Ooba mortgage bond consultant to contact the Seller a power of attorney Purchaser in rem suam this regard and to apply for and obtain bond finance for the required loan finance on his behalfamount stipulated in paragraph E5 of the Information Schedule at the prevailing rates of any major financial institution, within the period (or extended period as the case may be) as provided for in paragraph 8.1 above. 7.5 The 8.5 the Purchaser undertakes within 7 (seven) days to request that the financial institution from which the Purchaser obtains the loan instructs attorneys Xxxxxxxx & Xxxxx attorneys, to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Sellers attorneys; 8.6 all costs to be associated with the registration of the Signature Date mortgage bond to furnish secure the loan to be taken up by the Agent or the Seller such information as may Purchaser shall be reasonably required for purposes of making application for the required loan finance on behalf account of the Purchaser. 7.6 The Seller 8.7 upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre-agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount whether or not such quotation or pre-agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costs, save for deemed to have been approved. 8.8 In the initiation and/or valuation fee(s) levied event of the Construction Price being partly or entirely financed by the financial institution(s), to procure registration of a building loan secured by a mortgage bond over the Property obtained from a bank or other approved financial institution then: 8.8.1 as security for loan finance obtained. Such costs shall due payment the Purchaser irrevocably cedes to the Seller the total proceeds of the building loan; 8.8.2 the Seller is hereby irrevocably authorised and empowered to receive direct payment of the balance of the building price from the financial institution concerned and the Purchaser agrees to sign all draw forms that may be paid required for purposes of the Purchaser meeting his obligations in terms of this agreement,provided the Architect has certified such progress. 8.9 The Purchaser undertakes, if so required, to sign the necessary NHBRC forms to enable the Seller to receive payments on bond withdrawals within 3 (three) days of being called on to do so by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s(if applicable). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 1 contract

Samples: Deed of Sale

Bond. 7.1 If an amount Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Property (and/or the Dwelling to be erected in terms of the building agreement) against the security of the mortgage bond to be registered over the Property then: 8.1 this Agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified loan in the SCHEDULE, principle from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph E6 of a first mortgage bond over the Unit Information Schedule within 14 30 (fourteenThirty) days of the date of signature Signature Date or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in may determine; 8.2 should the Seller elect to extend the period within which its discretion may without reference or notice loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than that stated in the SCHEDULE and the Purchaser elects hereby grants to consider the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee regard for the shortfall within 7 (seven) days from the date duration of the granting extended period; 8.3 the Purchaser agrees to make use of the aforesaid bond. 7.2 In the event services of the Purchaser being unsuccessful Mortgage Originator described as such in obtaining paragraph H of the aforesaid Information Schedule, for the loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser referred to in writing that the EXTENDED PERIOD is terminatedclause 8.1 above; 7.3 Notwithstanding anything to the contrary aforegoing 8.4 the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically and irrevocably grants to the Agent or the Seller shall make a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making written application for the required loan finance on behalf within 3 days after signature of this Agreement and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; 8.5 the Purchaser undertakes to procure that the financial institution from which the Purchaser obtains the loan instructs the Attorneys, to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Sellers Attorneys; 8.6 all costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser. 7.6 The Seller 8.7 upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre - agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the amount stated in paragraph E6 of the Information Schedule, whether or not such quotation or pre - agreement statement is accepted by the Purchaser, the mortgage loan shall be liable for all costsdeemed to have been approved 8.8 In the event of the Construction Price, save for the initiation and/or valuation fee(s) levied being partly or entirely financed by the financial institution(s), to procure registration of a building loan secured by a mortgage bond over the Property bond, obtained from a bank or other approved financial institution then: 8.8.1 as security for loan finance obtained. Such costs shall due payment of the Construction Price, the Purchaser irrevocably cedes to the Seller, the total proceeds of the building loan; 8.8.2 the Seller is hereby irrevocably authorised and empowered to receive direct payment of the balance of the Construction Price, from the financial institution concerned; and 8.8.3 the Purchaser agrees to sign all draw forms that may be paid required for purposes of the Purchaser meeting these obligations. 8.9 The Purchaser undertakes, if so required, to sign the necessary NHBRC forms to enable the Seller to receive payments on bond withdrawals within three days of being called on to do so by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(sor Contractor (if applicable). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 1 contract

Samples: Land Sale Agreement

Bond. 7.1 16.1 If an amount is specified in the SCHEDULE Annexure “A” next to the item “Bond Amountamount of mortgage bond required” then this sale shall be subject to a suspensive and conditional upon the Purchaser obtaining a loan, as may be specified in the SCHEDULEAnnexure “A”, from a bank bank, building society or recognized financial institution on its normal terms and conditions relating to sectional title Units against the security of a first mortgage bond over the Unit within 14 fourteen (fourteen14) days of the date of signature or of this agreement Agreement (the “INITIAL PERIOD”), or on or before such further date as the Seller Sellers in its discretion may without reference or notice to the Purchaser decide (the “EXTENDED PERIOD”). In The Purchaser expressly authorizes OOBA, e-mail: xxxxx.xxxxxxxxx@xxxx.xx.xx (hereinafter referred to as the event that Bond Broker) as its agent to submit a mortgage bond is approved for an amount less than that stated in application on the SCHEDULE Purchaser’s behalf to any financial institution, based on the economic benefit and convenience to the Purchaser elects to consider this condition to be fulfilledPurchaser. The Purchaser agrees and undertakes to furnish sign all necessary documents and to supply the Seller’s Attorneys Bond Broker with either payment or a bank guarantee any information and/or document/s which is/are required for the shortfall this purpose, within 7 5 (sevenfive) days from after being requested to do so. The Purchaser hereby warrants that the date of the granting of the aforesaid bondinformation so provided shall be true, accurate and correct. 7.2 16.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 16.2.1 The period shall be automatically extended until the Seller Sellers notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything 16.2.2 The Sellers shall, in addition, have the right to apply on the contrary aforegoing Purchaser’s behalf for the loan to any Bank, Building Society or Financial Institution. The Purchaser hereby irrevocably and in rem suam authorises the Seller to apply in the Purchaser’s name, place and stead, for the loan to any Bank, Building Society or Financial Institution at a market related interest rate and on normal terms and conditions. 16.2.3 This sale shall lapse and this Agreement shall be of no force and effect should the loan not be obtained within the EXTENDED PERIOD, in the event of the Seller exercising such right, but being unsuccessful in obtaining the loan within the EXTENDED PERIOD. 16.3 The Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature hereto. Without derogating from the generality of the aforegoing, the Purchaser specifically and irrevocably grants to the Agent or the Seller shall make a power of attorney in rem suam to apply written application for the required loan finance on his behalf. 7.5 The Purchaser undertakes a bond within 7 FIVE (seven5) days of signature of this Deed of Sale and should such application be unsuccessful, the Signature Date Purchaser shall, until the expiry of the INITIAL PERIOD or EXTENDED PERIOD as the case may be, nevertheless continue to furnish use his best endeavours and to the Agent or the Seller such information as all things that may be reasonably required for purposes of making application for necessary in order to obtain the required loan finance on behalf of the Purchaserelsewhere. 7.6 The Seller shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), to procure registration of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 1 contract

Samples: Deed of Sale by Sectional Title

Bond. 7.1 If an amount Should the Purchaser signify on the information schedule that he shall require a loan to part finance the acquisition of the Property (and/or the Dwelling House to be erected in terms of this agreement) against the security of the mortgage bond to be registered over the Property then: 16.1 this agreement is specified in the SCHEDULE next to the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining the approval of a loan, as specified in the SCHEDULE, loan from a bank or other recognized financial institution on its normal terms and conditions against for the security amount (if any) stated in paragraph F2 of a first mortgage bond over the Unit information schedule within 14 90 (fourteenninety) calendar days of the date of signature hereof or this agreement (the “INITIAL PERIOD”), or on or before such further date extended period as the Seller in its discretion Developer may without reference or notice to determine of which extension, the Developer shall give the Purchaser decide (written notification; 16.2 should the “EXTENDED PERIOD”). In Developer elect to extend the event that a bond period within which its loan is approved to be granted, the Developer and/or its Agent shall be entitled to apply for an amount less than that stated in the SCHEDULE loan to any financial institution on behalf of the Purchaser and the Purchaser elects hereby grants to consider the Developer and/or its Agent an irrevocable power of attorney in rem suam to make application on its behalf in this condition to be fulfilled. The Purchaser undertakes to furnish the Seller’s Attorneys with either payment or a bank guarantee regard for the shortfall within 7 (seven) days from the date duration of the granting of the aforesaid bond. 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminatedperiod; 7.3 Notwithstanding anything to the contrary aforegoing 16.3 the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature heretoloan. Without derogating from the generality of the aforegoing, the Purchaser specifically and irrevocably grants to the Agent or the Seller shall make a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making written application for the required loan finance on behalf within 7 days after signature of this agreement and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period referred to in 16.1 above or the extended period (as the case may be) as referred to in 16.2 above, nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; 16.4 all costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser. 7.6 16.5 In the event of the Building Price being partly or entirely financed by a building loan secured by a mortgage bond obtained from a bank or other approved financial institution then: 16.5.1 provided that the said financial institution agrees to do so, as security for due payment the Purchaser irrevocably cedes to the Developer the total proceeds of the building loan; 16.5.2 the Developer is hereby irrevocably authorised and empowered to receive direct payment of the balance of the Building Price from the financial institution concerned and the Purchaser agrees to sign all draw forms that may be required for purposes of the Purchaser meeting his obligations in terms of this agreement when attending upon the Attorneys attending to the mortgage bond for purposes of signing any bond documentation that may be required. 16.6 The Seller shall be liable Purchaser undertakes, if so required, to sign all forms and documents required to enable the Developer to receive payments on bond withdrawals within three days of being called on to do so by the Developer. 16.7.1 The Purchaser is aware that the property forms part of a Development and which Development has been approved for mortgage finance by all costsrecognised financial institutions. 16.7.2 In the interest of obtaining bond approval as soon as possible, save the Purchaser will, where this Agreement is subject to the Purchaser obtaining mortgage finance, use the service of a mortgage originator nominated by the Developer and will forward all documents required by the Originator for the initiation and/or valuation fee(s) levied by the financial institution(s), to procure registration submission of a mortgage bond over application with the Property as security for loan finance obtainedmajor banks. Such costs shall be paid This is to the benefit of the Purchaser because the system of mortgage origination used by the Seller Developer avoids delays and therefore reduce the price of the Developers products. 16.7.3 The Developer will release the Purchaser’s contact details and the signed Agreement to the Seller’s Attorneys on request therefore by Originator as part of the Seller’s Attorneysbond approval process. The Purchaser shall will then be liable for the initiation and/or valuation fee(s) levied contacted by the financial institution(s). Such costs shall be paid by the Purchaser Originator to the Seller’s Attorneys on request thereof by the Seller’s Attorneysobtain further required information.

Appears in 1 contract

Samples: Plot and Plan Agreement of Sale

Bond. 7.1 If an amount is specified in To guarantee the SCHEDULE next to compliance of all and any of the item “Bond Amount” then this sale shall be subject to a suspensive conditional upon the Purchaser obtaining a loanobligations undertaken by "THE LESSEE" hereof, including payment obligations, as specified well as payment of any its responsibilities arising thereof, "THE LESSEE" shall give “THE LESSOR" in a maximum 10 working day term before the SCHEDULEOPERATION START UP, an acceptable bond policy on behalf of "THE LESSOR", issued by a Mexican institution legally authorized. The bond shall remain in force until "THE LESSEE" has fulfilled all obligations and liabilities arising from a bank or recognized financial institution on its normal terms and conditions against the security of a first mortgage bond over the Unit within 14 (fourteen) days of the date of signature or this agreement (the “INITIAL PERIOD”)agreement, or on or before such further date as the Seller in its discretion may without reference or notice to the Purchaser decide (the “EXTENDED PERIOD”). In the event that a bond is approved for an amount less than equivalent to the one resulting from multiplying 12 (TWELVE) times the amount of the "GUARANTEED MINIMUM INCOME" plus the corresponding VAT, which shall be carried forward pursuant to the relevant Law. Likewise "THE LESSEE" undertakes to submit "THE LESSOR" the endorsement regarding the renewal of the bond policy, duly updated pursuant the increases that the corresponding "GUARANTEED MINIMUM INCOME" may undergo. The bond policy shall become in force when "THE LESSEE" fails to comply with any of the obligations established in this lease agreement. The bond policy shall contain the following express statements of the insurance company: a) The bond is granted under the terms of this agreement and guarantees the payment obligations arising thereof. b) The bond shall remain in full force and effect in the event an extension or waiting time is granted for the guaranteed party to comply with the obligations, even if requested or authorized untimely. c) The cancellation of the bond shall only be made by written and express conformity of "THE LESSOR" and shall be made whenever "THE LESSEE" has complied all obligations whose compliance is guaranteed. d) The insurance entity waives to the benefit contained in the article 119 and expressly accepts the provided in articles 93, 94 y 118 of the Federal Law of Insurance Institutions in force. e) THE LESSOR" shall be entitled to execute the bond until any obligation stated in and arising from this lease agreement for the SCHEDULE owed amount is not complied. f) THE LESSOR" shall execute the bond if the lease agreement is terminated for reasons attributable to “THE LESSEE". The foregoing regardless of the authority of "THE LESSOR" to claim "THE LESSEE" the amount in his charge exceeding the amount of the guarantee. If "THE LESSEE", at the time of execution of this agreement has a global multicompany guarantee, or contracts to guarantee in only one document, all and any of its obligations arising from this lease agreement for different properties, in which the Purchaser elects agreement whose compliance guarantees is clearly specified, the amount of the guarantee for each agreement, and is issued under the terms established in this clause, shall be understood that the obligation it refers to consider this condition has been covered, once “THE LESSOR" submits the endorsement or corresponding policy within the term mentioned. For the Bond Policy to be fulfilledreleased "THE LESSEE" is required to request it in writing to "THE LESSOR", who shall issue the corresponding authorization provided that has complied with all obligations provided in this agreement. Failure to submit the Bond Policy within the term mentioned in the first paragraph of this clause shall be a cause of termination. "THE LESSEE", at its expense, undertakes to contract an insurance policy issued by a National Insurance Institution duly authorized, in which the coverage of Civil Liability is included, covering the damages cause to "THE LESSOR" and his personnel, as well as those caused to third parties in their goods or persons when executing the works related to the conditioning of the HOTEL. "THE LESSOR" shall be the preferred beneficiary regarding damages caused in terms of this clause, whether partially or totally. The Purchaser undertakes insured amount of the insurance policy for Civil liability, must be according to furnish the Seller’s Attorneys with either payment or a bank guarantee responsibility "THE LESSEE" assumes for the shortfall works related to the conditioning of the HOTEL, which shall be in the amount of $6,000,000.00 (SIX MILLION PESOS 00/100 N.C.). The insurance certificates shall be given to the Subdirectorate of Commercial Services within 7 (seven) the 10 working days before starting the works. If the insured amount is not sufficient to compensate the totality of the damages, the difference shall be covered from the date net assets of the granting of the aforesaid bond“THE LESSEE". 7.2 In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: 7.2.1 The period shall be automatically extended until the Seller notifies the Purchaser in writing that the EXTENDED PERIOD is terminated; 7.3 Notwithstanding anything to the contrary aforegoing the Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. 7.4 By his signature hereto, the Purchaser specifically and irrevocably grants to the Agent or the Seller a power of attorney in rem suam to apply for the required loan finance on his behalf. 7.5 The Purchaser undertakes within 7 (seven) days of the Signature Date to furnish to the Agent or the Seller such information as may be reasonably required for purposes of making application for the required loan finance on behalf of the Purchaser. 7.6 The Seller shall be liable for all costs, save for the initiation and/or valuation fee(s) levied by the financial institution(s), to procure registration of a mortgage bond over the Property as security for loan finance obtained. Such costs shall be paid by the Seller to the Seller’s Attorneys on request therefore by the Seller’s Attorneys. The Purchaser shall be liable for the initiation and/or valuation fee(s) levied by the financial institution(s). Such costs shall be paid by the Purchaser to the Seller’s Attorneys on request thereof by the Seller’s Attorneys.

Appears in 1 contract

Samples: Lease Agreement (Central North Airport Group)

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