Common use of Disbursement of Retainage Clause in Contracts

Disbursement of Retainage. The retainage will not be disbursed until: (i) (a) the Releases have been filed in the Real Property Records of Xxxxxxx County, Texas, (b) the deadline to file an affidavit claiming a lien against the Property in connection with the Improvements (that is, the fifteenth (15th) day of the third calendar month after the day the indebtedness accrues) has expired and no such affidavits have been filed, or (c) if any affidavits claiming a lien against the Property in connection with the Improvements have been filed, the claims set forth in such affidavits have been resolved and the affidavits have been released of record; (iii) the Affidavit of Completion and the Final Bills-Paid Affidavit have been filed in the Real Property Records of Xxxxxxx County, Texas; and (iv) Borrower and Contractor have complied with Paragraph 4 of this Agreement.

Appears in 9 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement, Construction Loan Agreement

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