Common use of Conditions to the Seller's Performance Clause in Contracts

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 10 contracts

Samples: Real Estate Purchase Addendum, Real Estate Purchase Addendum, Real Estate Purchase Addendum

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Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Closing Date or to terminate this the Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing Closing Date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable or it is economically not feasible to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) a third party having an interest in the Seller at any time Property (or the loan that was secured by the Property) has requested that the servicing lender, or any other party, release the servicing of or repurchase such loan or the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing Closing Date; (fe) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (gf) the Purchaser Buyer is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of this the Agreement. Such failure to disclose shall constitute default a material breach under this the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (hg) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser Buyer, or any related transactions transactions, are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this the Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the PurchaserBuyer's xxxxxxx money depositdeposit and the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 30 of this Addendum.

Appears in 6 contracts

Samples: Real Estate Purchase Addendum, Real Estate Purchase Addendum, Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date closing date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing or date set forth herein for closing; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jh) above, the Seller shall return the Purchaser's xxxxxxx money depositdeposit and the parties shall have no further obligation under this Agreement except as to any provision that survives termination pursuant to Section 24 of this Addendum.

Appears in 5 contracts

Samples: Real Estate Purchase Addendum, Real Estate Purchase Addendum, Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Closing Date or to terminate this the Agreement if: (a) : full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing Closing Date or the mortgage insurance company exercises its right to acquire title to the Property; (b) ; the Seller determines that it is unable or it is economically not feasible to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; ; a third party having an interest in the Property (cor the loan that was secured by the Property) the Seller at any time has requested that the servicing lender, or any other party, release the servicing of or repurchase such loan or the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) Property; full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) Closing Date; any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) ; the Purchaser Buyer is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of this the Agreement. Such failure to disclose shall constitute default a material breach under this the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) ; or the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser Buyer, or any related transactions transactions, are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this the Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the PurchaserBuyer's xxxxxxx money depositdeposit and the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 30 of this Addendum.

Appears in 4 contracts

Samples: Real Estate Purchase Addendum, Real Estate Purchase Addendum, Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any third party, whether tenant, homeowner’s 's association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s 's acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s 's sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 3 contracts

Samples: Real Estate Purchase Addendum, Real Estate Purchase Addendum, Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's ’s sole discretion, to extend the Expiration Closing Date or to terminate this the Agreement if: (a) full Full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing Closing Date or the mortgage insurance company exercises its right to acquire title to the Property;: (b) the The Seller determines that it is unable or it is economically not feasible to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) A third party having an interest in the Seller at any time Property has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full Full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing Closing or date set forth herein for Closing; (fe) any Any third party, whether tenant, homeowner’s association, or otherwise, exercises exercised rights under a right of first refusal to purchase the Property; (gf) the Purchaser The Buyer is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of this the Agreement. Such failure to disclose shall constitute default under this the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (hg) the The Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser Buyer, or any related transactions are transactions, is in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the that Seller elects to terminate this the Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the Purchaser's Buyer’s xxxxxxx money depositdeposit and the parties shall have no further obligation under the Agreement, except as to any provision pursuant to Section 30 of this Addendum.

Appears in 3 contracts

Samples: Real Estate Purchase Contract, Real Estate Purchase Contract, Addendum to Real Estate Purchase Contract

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Settlement Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms;. (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing closing; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind;. (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened threatening or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 2 contracts

Samples: Contract for Sale of Real Estate at Auction, Sale Agreement

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any third party, whether tenant, homeowner’s 's association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s 's acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s 's sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae Xxx procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 2 contracts

Samples: Real Estate Purchase Addendum, Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms;. (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing closing; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind;. (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened threatening or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 1 contract

Samples: Contract for Sale of Real Estate at Auction

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's ’s sole discretion, to extend the Expiration Closing Date or to terminate this the Agreement if: (a) full Full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing Closing Date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the The Seller determines that it is unable or it is economically not feasible to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) A third party having an interest in the Seller at any time Property (or the loan that was secured by the Property) has requested that the servicing lender, or any other party, release the servicing of or repurchase such loan or the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any Any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (ge) the Purchaser The Buyer is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of this the Agreement. Such failure to disclose shall constitute default a material breach under this the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (hf) the The Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser Buyer, or any related transactions are transactions, is in any way associated with illegal activity of any kind;. (ig) Property and sale are subject to clear title and final Seller/Managing Partner/Entity Member approval. In the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that event Seller/Managing Partner/Entity Member subsequently disapproves the sale while under contract, the buyers deposit will be returned in full. Seller will not be responsible for any of Buyer’s costs incurred during the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchasertransaction. In the event the Seller elects to terminate this the Agreement as a result of Section 15 (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the Purchaser's Buyer’s xxxxxxx money depositdeposit and the parties shall have no further obligation under the Agreement.

Appears in 1 contract

Samples: Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date closing date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the The Seller determines that it is unable to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) the The Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms;. (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing or date set forth herein for closing; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jh) above, the Seller shall return the Purchaser's xxxxxxx money depositdeposit and the parties shall have no further obligation under this Agreement except as to any provision that survives termination pursuant to Section 24 of this Addendum.

Appears in 1 contract

Samples: Real Estate Purchase Addendum

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Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date closing date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing date or the mortgage insurance company exercises exe rcises its right to acquire title to the Property; (b) the The Seller determines that it is unable to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) the The Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms;. (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing or date set forth herein for closing; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jh) above, the Seller shall return the Purchaser's xxxxxxx money depositdeposit and the parties shall have no further obligation under this Agreement except as to any provision that survives termination pursuant to Section 24 of this Addendum.

Appears in 1 contract

Samples: Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae Xxx procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 1 contract

Samples: Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's ’s sole discretion, to extend the Expiration Closing Date or to terminate this the Agreement if: (a) full Full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing Closing Date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the The Seller determines that it is unable or it is economically not feasible to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) A third party having an interest in the Seller at any time Property (or the loan that was secured by the Property) has requested that the servicing lender, or any other party, release the servicing of or repurchase such loan or the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full Full payment of any property, fire fire, or hazard insurance claim is not confirmed prior to the closing Closing Date; (fe) any Any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (gf) the Purchaser The Buyer is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of this the Agreement. Such failure to disclose shall constitute default a material breach under this the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (hg) the The Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser Buyer, or any related transactions transactions, are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this the Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the Purchaser's Buyer’s xxxxxxx money depositdeposit and the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 30 of this Addendum.

Appears in 1 contract

Samples: Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's ’s sole discretion, to extend the Expiration Closing Date or to terminate this the Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing Closing Date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable or it is economically not feasible to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) a third party having an interest in the Seller at any time Property (or the loan that was secured by the Property) has requested that the servicing lender, or any other party, release the servicing of or repurchase such loan or the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire fire, or hazard insurance claim is not confirmed prior to the closing Closing Date; (fe) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (gf) the Purchaser Buyer is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of this the Agreement. Such failure to disclose shall constitute default a material breach under this the BUYER (Initials) /s/CJ SELLER (Initials) /s/RW Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx exxxxxx money deposit;; or (hg) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser Buyer, or any related transactions transactions, are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this the Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the Purchaser's xxxxxxx Buyer’s exxxxxx money depositdeposit and the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 30 of this Addendum.

Appears in 1 contract

Samples: Contract for Sale and Purchase (SupportSave Solutions Inc)

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae Xxx procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.. SAMPLE

Appears in 1 contract

Samples: Real Estate Purchase Addendum

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date closing date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing date or the mortgage insurance company exercises its right to acquire title to the Property; (b) the The Seller determines that it is unable to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) the The Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the propertyProperty; (d) a third party with rights related to the sale of the property does not approve the sale terms;. (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing or date set forth herein for closing; (f) any third party, whether tenant, homeowner’s 's association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the PropertyProperty whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s 's acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;; or (h) the Seller, at the Seller’s 's sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (jg) above, the Seller shall return the Purchaser's xxxxxxx money depositdeposit and the parties shall have no further obligation under this Agreement except as to any provision that survives termination pursuant to Section 24 of this Addendum.

Appears in 1 contract

Samples: Contract for Sale of Real Estate at Auction

Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if: (a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property; (b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property; (d) a third party with rights related to the sale of the property does not approve the sale terms; (e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ; (f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; (g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; (h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind; (i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines; (j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; oror DEMO (k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.

Appears in 1 contract

Samples: Real Estate Purchase Addendum

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