Extension of Closing. If the Seller shall be unable to give title to Buyer, or to make conveyance, or to deliver possession of the Premises, all as in accordance with this Agreement, or if at the time of the Closing, the Premises does not conform with the provisions of this Agreement, then the Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the Premises conform to the provisions hereof, as the case may be, in which event the Closing hereunder shall be extended by thirty (30) days. It is understood and agreed that Seller shall not be under any obligation to attempt to cure by litigation or otherwise any defect which may be found to exist in the title to the Premises or to remove any encumbrances upon the title to the Premises not voluntarily placed thereon by the Seller subsequent to the date hereof or to correct any violations of subdivision, plat, zoning, building, minimum housing standard regulations or other similar restrictions or regulations or to otherwise spend more than $5,000.00. This paragraph is also not intended to apply to any damage to the Premises caused by fire or other casualty, as to which the provision of Section 10 shall apply. The Buyer may, however, with the Seller’s consent, elect to waive any such defects and accept such title to the Premises as the Seller are able to convey, without any warranty as to such conditions and without a reduction of the Purchase Price, and the acceptance of the Deed by the Buyer shall be deemed full performance and discharge of all the obligations of the Seller under this Agreement.
Appears in 3 contracts
Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement
Extension of Closing. If the Seller Receiver shall be unable to give title to Buyerthe Purchaser as set forth in the Agreement or this Addendum, or to make conveyance, or to deliver possession of the Premises, all as in accordance with this Agreement, Property or if at the time to receive approval of the Closing, sale of the Premises does not conform with Property to the provisions Purchaser by the applicable court of this Agreementcompetent jurisdiction, then the Seller shall Receiver, at the Receiver's option, may use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the Premises Property conform to the provisions hereof, as the case may be, in which event the Closing hereunder shall be automatically extended for a period of sixty (60) calendar days. If the Receiver does not elect to use reasonable efforts to deliver possession of the Property pursuant to the foregoing sentence, then the Agreement and this Addendum shall be void and of no force or effect, without recourse by thirty (30) daysor against any party, and the Deposit shall be refunded to the Purchaser. It is understood and agreed that Seller the Receiver shall not be under any obligation to attempt to cure by litigation or otherwise any defect which may be found to exist in the title to the Premises Property, or to remove any encumbrances upon the title to the Premises Property not voluntarily placed thereon by the Seller Receiver subsequent to the date hereof hereof, or to correct any violations of subdivision, plat, zoning, building, minimum housing standard regulations or other similar restrictions or regulations or to otherwise spend more than $5,000.00regulations. This paragraph is also not intended to apply to any damage to the Premises Property caused by fire or other casualty, as to which the provision of Section 10 shall apply. The Buyer Purchaser may, however, with the Seller’s Receiver's consent, elect to waive any such defects and accept such title to the Premises Property as the Seller are Receiver is able to convey, without any warranty as to such conditions and without a reduction of the Purchase Price, and the an acceptance of the Deed Receiver's deed by the Buyer Purchaser shall be deemed full performance and discharge of all the obligations of the Seller Receiver under the Agreement and this AgreementAddendum.
Appears in 1 contract
Samples: Terms of Sale Agreement
Extension of Closing. If the Seller shall be unable to give title to Buyerthe Purchaser as set forth in the Agreement or this Addendum, or to make conveyance, or to deliver possession of the Premises, all as in accordance with this Agreement, Property or if at the time to receive approval of the Closing, sale of the Premises does not conform with Property to the provisions Purchaser by the applicable court of this Agreementcompetent jurisdiction, then the Seller shall Seller, at the Seller's option, may use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the Premises Property conform to the provisions hereof, as the case may be, in which event the Closing hereunder shall be automatically extended for a period of sixty (60) calendar days. If the Seller does not elect to use reasonable efforts to deliver possession of the Property pursuant to the foregoing sentence, then the Agreement and this Addendum shall be void and of no force or effect, without recourse by thirty (30) daysor against any party, and the Deposit shall be refunded to the Purchaser. It is understood and agreed that the Seller shall not be under any obligation to attempt to cure by litigation or otherwise any defect which may be found to exist in the title to the Premises Property, or to remove any encumbrances upon the title to the Premises Property not voluntarily placed thereon by the Seller subsequent to the date hereof hereof, or to correct any violations of subdivision, plat, zoning, building, minimum housing standard regulations or other similar restrictions or regulations or to otherwise spend more than $5,000.00regulations. This paragraph is also not intended to apply to any damage to the Premises Property caused by fire or other casualty, as to which the provision of Section 10 shall apply. The Buyer Purchaser may, however, with the Seller’s consent, elect to waive any such defects and accept such title to the Premises Property as the Seller are is able to convey, without any warranty as to such conditions and without a reduction of the Purchase Price, and the an acceptance of the Deed Seller's deed by the Buyer Purchaser shall be deemed full performance and discharge of all the obligations of the Seller under the Agreement and this AgreementAddendum.
Appears in 1 contract
Samples: Terms of Sale Agreement
Extension of Closing. If the Seller shall be unable to give title to Buyer, or to make conveyance, or to deliver possession of the PremisesAssets, all as in accordance with this Agreement, or if at the time of the Closing, Closing the Premises does Assets do not conform with the provisions of this Agreement, then the Seller shall Seller, at their option, may use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the Premises Assets conform to the provisions hereof, as the case may be, in which event the Closing hereunder shall be extended by thirty for a period of up to sixty (3060) days. If the Seller does not elect to use reasonable efforts to cure, then this Agreement shall be void and of no force or effect, without recourse by or against any party, and the Deposit shall be refunded to the Buyer. It is understood and agreed that Seller shall not be under any obligation to attempt to cure by litigation or otherwise any defect which may be found to exist in the title to the Premises Assets or to remove any encumbrances upon the title to the Premises Assets not voluntarily placed thereon by the Seller subsequent to the date hereof hereof, or to correct any violations of subdivision, plat, zoning, building, minimum housing standard regulations or other similar restrictions or regulations or to otherwise spend more than $5,000.00regulations. This paragraph is also not intended to apply to any damage to the Premises Assets caused by fire or other casualty, as to which the provision provisions of Section 10 Paragraph hereof entitled 11. INSURANCE: shall apply. The Buyer may, however, with the Seller’s ' consent, elect to waive any such defects and accept such title to the Premises Assets as the Seller are able to convey, without any warranty as to such conditions and without a reduction of the Purchase Price, and the an acceptance of the Deed Transfer Documents by the Buyer shall be deemed full performance and discharge of all the obligations of the Seller under this Agreement.
Appears in 1 contract