Common use of Mortgage Contingency Clause in Contracts

Mortgage Contingency. This Contract is subject to the Purchaser obtaining, at their own cost and expense, a mortgage commitment from a lending institution in the sum of $ at the prevailing rate of interest and term within ( ) days from the date that a fully executed copy of this Contract is delivered to Purchaser’s attorney. Purchaser shall make prompt application for said mortgage commitment and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s attorney, in writing, of the declination of mortgage application and upon doing so, this Contract shall be deemed null and void and any sums deposited with Seller under the terms of this Contract shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of years.

Appears in 2 contracts

Samples: New Construction Contract, New Construction Contract

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Mortgage Contingency. This Contract is subject to the Purchaser obtaining, at their own cost and expense, contingent upon Buyer obtaining a firm written mortgage commitment from (except for matters of title and survey or matters totally within Buyer’s control) on or before , 20 for a lending institution in the sum (choose one) fixed adjustable; (choose one) conventional other loan of $ at or such lesser amount as Buyer elects to take, plus private mortgage insurance (PMI), if required. The interest rate (initial rate, if applicable) shall not exceed % per annum, amortized over not less than years. Buyer shall pay loan origination fee and/or discount points not to exceed % of the prevailing rate loan amount. Buyer shall pay the cost of interest application, usual and term within ( ) days from the date that a fully executed copy of this Contract is delivered to Purchaser’s attorneycustomary processing fees and Closing costs charged by lender. Purchaser Buyer shall make prompt written loan application for said mortgage commitment and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have within five (5) business days after the Date of Acceptance. Failure to notify Seller’s attorneydo so shall constitute an act of default under this Contract. If Buyer, in writinghaving applied for the loan specified above, of is unable to obtain such loan commitment and serves written notice to Seller within the declination of mortgage application and upon doing sotime specified, this Contract shall be deemed null and void void. If written notice of inability to obtain such loan commitment is not served within the time specified, Buyer shall be deemed to have waived this contingency and this Contract shall remain in full force and effect. This Contract shall not be contingent upon the sale and/or closing of any sums deposited existing real estate. Buyer shall be deemed to have satisfied the financing conditions of this paragraph if Buyer obtains a loan commitment in accordance with Seller under the terms of this paragraph even though the loan is conditioned on the sale and/or closing of any existing real estate. If Seller at Seller’s option and expense, within thirty (30) days after Buyer’s notice, procures for Buyer such commitment or notifies Buyer that Seller will accept a purchase money mortgage upon the same terms, this Contract shall be returned to Purchaser except for remain in full force and effect. In such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so event, Seller shall notify Seller of the declination of the mortgage application Buyer within the aforesaid five (5) day periodBusiness Days after Buyer’s notice of Seller’s election to provide or obtain such financing, then, in such event, this Contract and Buyer shall be deemed furnish to be an Seller or lender all cash transaction, the Mortgage Contingency requested information and shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which sign all papers necessary to obtain a the mortgage commitment but only by and to close the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsloan.

Appears in 2 contracts

Samples: royalservicerealty.com, eforms.com

Mortgage Contingency. This Contract is subject to the Purchaser obtaining, at their own cost and expense, a mortgage commitment from a lending institution in the sum of $ at the prevailing rate of interest and term within ( ) days from the date that a fully executed copy of this Contract is delivered to Purchaser’s attorney. Purchaser shall make prompt application for said mortgage commitment and shall cooperate fully with the lending institution. Purchaser shall notify XxxxxxSeller’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s attorney, in writing, of the declination of mortgage application and upon doing so, this Contract shall be deemed null and void and any sums deposited with Seller under the terms of this Contract shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of years.

Appears in 2 contracts

Samples: New Construction Contract, New Construction Contract

Mortgage Contingency. This Contract Agreement is contingent upon BUYER obtaining an unconditional written commitment for a loan, which commitment shall be subject only to such acts as shall be within Buyer’s reasonable ability to perform, to be secured by a mortgage(s) on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in the amount of $_______________ from a lending institution or licensed mortgage broker, which loan(s) shall be for a term of not more than 30 years and shall bear interest at rate(s) then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application(s). BUYER agrees to Purchaser’s attorney. Purchaser shall make prompt application application(s) for such a loan(s) and to pursue said mortgage application(s) with diligence. If having done so, BUYER is unable to obtain such unconditional written commitment for such a loan on or before ______________________ and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied forif BUYER so notifies SELLER or SELLER's attorney, Purchaser shall have five (5) days to notify Seller’s attorney________________, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Three Hundred Fifty ($350.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. A denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 2 contracts

Samples: Estate Sales Agreement, Estate Sales Agreement

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond BUYER’S reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $_ from a lending institution or licensed mortgage broker, which loan shall be for a term of __ years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. XXXXX agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, BUYER is unable to obtain a written commitment for such a loan on or before _ _, 20 , and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s if BUYER so notifies SELLER or SELLER's attorney, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Four Hundred Fifty ($450.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan or loans without any condition beyond the reasonable ability of BUYER to the Purchaser obtainingsatisfy, at their own cost and expense, to be secured by a mortgage commitment or mortgages on the Premises, in such an amount for which BUYER shall apply which shall not exceed $ from a lending institution in or licensed mortgage broker, which loan(s) shall be for a term of not more than 30 years and shall bear interest at prevailing rates and shall include such other terms and conditions as are imposed by the sum of $ lending institution at the prevailing rate of interest and term within ( ) days from the date that a fully executed copy of this Contract is delivered time BUYER makes such application. BUYER agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan or loans and to pursue said mortgage application(s) with diligence. If, having done so, BUYER is unable to obtain a written commitment and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney for such a loan or loans on or before , 200 , (Time being of the name essence as to this date) and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s if BUYER so notifies SELLER or SELLER’S attorney, in writingwriting in accordance with paragraph 20 hereof, of the declination of mortgage application and upon doing soat or before 5:00 p.m. on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Two Hundred Fifty ($250.00) Dollars towards the cost of preparation of this Agreement. Also, if the property is governed by the Common Interest Ownership Act, the cost incurred by the SELLER for the Re-sale certificate and related charges, if any, shall be reimbursed to the SELLER. If SELLER or SELLER’S attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER’S mortgage application based upon the BUYER’S inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Estate Sales Contract

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond BUYER’S reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $_ from a lending institution or licensed mortgage broker, which loan shall be for a term of __ years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. BUYER agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, BUYER is unable to obtain a written commitment for such a loan on or before _ _, 20 , and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s if BUYER so notifies SELLER or SELLER's attorney, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Four Hundred Fifty ($450.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

Mortgage Contingency. This Contract is subject to the Purchaser obtaining, at their own cost and expense, contingent upon Buyer obtaining a firm written mortgage commitment from (except for matters of title and survey or matters totally within Buyer’s control) on or before October 31, 2014 for a lending institution in the sum (choose one) X fixed adjustable : (choose one) conventional other loan of $ at 65% loan to value or such lesser amount as Buyer elects to take, plus private mortgage insurance (PMI), if required. The interest rate (initial rate, if applicable) shall not exceed 4.00 % per annum, amortized over not less than 25 years. Buyer shall pay loan origination fee and /or discount points not to exceed 0.00 % of the prevailing rate loan amount. Buyer shall pay the cost of interest application, usual and term within ( ) days from the date that a fully executed copy of this Contract is delivered to Purchaser’s attorneycustomary processing fees and Closing costs charged by lender. Purchaser Buyer shall make prompt written loan application for said mortgage commitment and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have within five (5) business days after the Date of Acceptance. Failure to notify Seller’s attorneydo so shall constitute an act of default under this Contract. If Buyer, in writinghaving applied for the loan specified above, of is unable to obtain such loan commitment and serves written notice to Seller within the declination of mortgage application and upon doing sotime specified, this Contract shall be deemed null and void void. If written notice of inability to obtain such loan commitment is not served within the time specified, Buyer shall be deemed to have waived this contingency and any sums deposited this Contract shall remain in full force and effect. Unless otherwise provided herein, this Contract shall not be contingent upon the sale and/or closing of Buyer’s existing real estate. Buyer shall be deemed to have satisfied the financing conditions of this paragraph if Buyer obtains a loan commitment in accordance with Seller under the terms of this paragraph even though the loan is conditioned on the sale and/or closing of Buyer’s existing real estate. ______________ Buyer Initial______________ Buyer Initial _____________ Seller Initial______GG________ Seller Initial Address XX Xxxxxx Xxxxx 00 & Xxxxxx Xxxx, XxXxxxx Xxxxxx Exhibit 10.1 If Seller at Seller’s option and expense, within thirty (30) days after Buyer’s notice, procures for Buyer such commitment or notifies Buyer that Seller will accept a purchase money mortgage upon the same terms, this Contract shall be returned to Purchaser except for remain in full force and effect. In such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so event, Seller shall notify Seller of the declination of the mortgage application Buyer within the aforesaid five (5) day periodBusiness Days after Buyer’s notice of Seller’s election to provide or obtain such financing, then, in such event, this Contract and Buyer shall be deemed furnish to be an Seller or lender all cash transaction, the Mortgage Contingency requested information and shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which sign all papers necessary to obtain a the mortgage commitment but only by and to close the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsloan.

Appears in 1 contract

Samples: Inland Land Appreciation Fund Lp

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond BUYER’S reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $1,923,750.00 from a lending institution or licensed mortgage broker, which loan shall be for a term of thirty (30) years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. BUYER agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, BUYER is unable to obtain a written commitment for such a loan on or before November 22, 2021, and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s if BUYER so notifies SELLER or SELLER's attorney, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Four Hundred Fifty ($450.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond BUYER’S reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $______________ from a lending institution in the sum or licensed mortgage broker, which loan shall be for a term of $ ____years and shall bear interest at a rate not to exceed _____ or prevailing rate, at a fixed/variable rate at the prevailing rate of interest and term within ( ) days from the date that a fully executed copy of this Contract institution where application is delivered made. XXXXX agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage commitment and shall cooperate fully application with the lending institutiondiligence. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s attorney, in writing, of the declination of mortgage application and upon doing If having done so, this Contract shall be deemed null and void and any sums deposited with Seller under the terms of this Contract shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which BUYER is unable to obtain a mortgage written commitment but only by the terms of for such a writing signed by the parties hereto. Seller loan on or before ________________________, 201____, and if BUYER so notifies SELLER or SELLER's attorney, as provided in Paragraph 32, at or before 6:00 p.m., on said date, then SELLER shall have the optionoption to extend the mortgage contingency date or terminate this Agreement, which shall then be null and void, and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Four Hundred Fifty ($450.00) Dollars towards the cost of preparation of this Agreement. If BUYER exercises this mortgage contingency, Xxxxx must provide a letter from Xxxxx’s lender that demonstrates that Xxxxx could not obtain a written loan commitment without conditions that are beyond Buyer’s reasonable ability to satisfy. If SELLER or SELLER's attorney do not receive such notice as provided in Paragraph 32 at or before 6:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based solely upon the event BUYER's inability to sell other real estate or another home, or a written commitment conditioned solely on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums paid by the BUYER on account of this Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsparties shall be as if this Paragraph 5 did not appear in this Agreement.

Appears in 1 contract

Samples: Residential Real Estate Sales Agreement

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Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond BUYER’S reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $ from a lending institution or licensed mortgage broker, which loan shall be for a term of years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. BUYER agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, BUYER is unable to obtain a written commitment for such a loan on or before , 200 , and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s if BUYER so notifies SELLER or SELLER's attorney, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Four Hundred Fifty ($450.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining an unconditional written commitment for a loan, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $AMOUNT OF MORTGAGE from a lending institution Institution or licensed mortgage broker, which loan shall be for a term of not more than 30 years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. XXXXX agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, XXXXX is unable to obtain a unconditional written commitment for Such a loan on or before CONTINGENCY MONTH, DAY, YEAR and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied forif BUYER so notifies SELLER or SELLER's attorney, Purchaser shall have five (5) days to notify Seller’s attorneySELLING COUNSEL., in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. A denial of XXXXX's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond Buyer’s reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $ from a lending institution or licensed mortgage broker, which loan shall be for a term of not more than 30 years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. BUYER agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, BUYER is unable to obtain a written commitment for such a loan on or before , 20_ _, and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied forif BUYER so notifies SELLER or SELLER's attorney, Purchaser shall have five (5) days to notify Seller’s attorney, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Three Hundred Fifty ($350.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

Mortgage Contingency. This Contract is subject to the Purchaser obtaining, at their own cost and expense, contingent upon Xxxxx obtaining a firm written mortgage commitment from (except for matters of title and survey or matters totally within Buyer’s control) on or before , 20 for a lending institution in the sum (choose one) fixed adjustable; (choose one) conventional other loan of $ at or such lesser amount as Buyer elects to take, plus private mortgage insurance (PMI), if required. The interest rate (initial rate, if applicable) shall not exceed % per annum, amortized over not less than years. Buyer shall pay loan origination fee and/or discount points not to exceed % of the prevailing rate loan amount. Buyer shall pay the cost of interest application, usual and term within ( ) days from the date that a fully executed copy of this Contract is delivered to Purchaser’s attorneycustomary processing fees and Closing costs charged by lender. Purchaser Buyer shall make prompt written loan application for said mortgage commitment and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have within five (5) business days after the Date of Acceptance. Failure to notify Seller’s attorneydo so shall constitute an act of default under this Contract. If Buyer, in writinghaving applied for the loan specified above, of is unable to obtain such loan commitment and serves written notice to Seller within the declination of mortgage application and upon doing sotime specified, this Contract shall be deemed null and void void. If written notice of inability to obtain such loan commitment is not served within the time specified, Buyer shall be deemed to have waived this contingency and this Contract shall remain in full force and effect. This Contract shall not be contingent upon the sale and/or closing of any sums deposited existing real estate. Buyer shall be deemed to have satisfied the financing conditions of this paragraph if Xxxxx obtains a loan commitment in accordance with Seller under the terms of this paragraph even though the loan is conditioned on the sale and/or closing of any existing real estate. If Seller at Seller’s option and expense, within thirty (30) days after Xxxxx’s notice, procures for Buyer such commitment or notifies Buyer that Seller will accept a purchase money mortgage upon the same terms, this Contract shall be returned to Purchaser except for remain in full force and effect. In such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so event, Seller shall notify Seller of the declination of the mortgage application Buyer within the aforesaid five (5) day periodBusiness Days after Xxxxx’s notice of Seller’s election to provide or obtain such financing, then, in such event, this Contract and Buyer shall be deemed furnish to be an Seller or lender all cash transaction, the Mortgage Contingency requested information and shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which sign all papers necessary to obtain a the mortgage commitment but only by and to close the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsloan.

Appears in 1 contract

Samples: eforms.com

Mortgage Contingency. This Contract is subject to the Purchaser obtaining, at their own cost and expense, a mortgage commitment from a lending institution in the sum of $ $  at the prevailing rate of interest and term within (  ( ) days from the date that a fully executed copy of this Contract is delivered to Purchaser’s attorney. Purchaser shall make prompt application for said mortgage commitment and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s attorney, in writing, of the declination of mortgage application and upon doing so, this Contract shall be deemed null and void and any sums deposited with Seller under the terms of this Contract shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( % ( %) per centum per annum for a term of   years.

Appears in 1 contract

Samples: Agreement

Mortgage Contingency. This Contract Agreement is subject contingent upon BUYER obtaining a written commitment for a loan without any condition(s) beyond BUYER’S reasonable ability to satisfy, to be secured by a first mortgage on the Purchaser obtainingPremises, at their own cost and expense, a mortgage commitment in such an amount for which BUYER shall apply which shall not be in excess of $ from a lending institution or licensed mortgage broker, which loan shall be for a term of years and shall bear interest at a rate then in the sum of $ effect at the prevailing rate of interest institution where application is made and term within ( ) days from shall include such other terms and conditions as are imposed by such institution at the date that a fully executed copy of this Contract is delivered time BUYER makes such application. XXXXX agrees to Purchaser’s attorney. Purchaser shall make prompt application for such a loan and to pursue said mortgage application with diligence. If having done so, BUYER is unable to obtain a written commitment for such a loan on or before , 200 , and shall cooperate fully with the lending institution. Purchaser shall notify Xxxxxx’s attorney of the name and address of the lending institution to which application was made together with the amount of the mortgage applied for. In the event that the lending institution declines to make the mortgage loan applied for, Purchaser shall have five (5) days to notify Seller’s if BUYER so notifies SELLER or SELLER's attorney, in writing, of the declination of mortgage application and upon doing soat or before 5:00 p.m., on said date, then this Contract Agreement shall be deemed null and void and the BUYER shall be entitled to the immediate return by SELLER of all sums paid by the BUYER on account of this Agreement except for the sum of Four Hundred Fifty ($450.00) Dollars towards the cost of preparation of this Agreement. If SELLER or SELLER's attorney does not receive such written notice at or before 5:00 p.m. on said date, this Agreement shall remain in full force and effect. The foregoing notwithstanding, a denial of BUYER's mortgage application based upon the BUYER's inability to sell other real estate or another home, or a written commitment conditioned on the sale of other real estate or another home, shall NOT be deemed a denial of such mortgage application under this paragraph. In either of such events the BUYER shall not be entitled to terminate this Agreement nor be entitled to the return of any sums deposited with Seller under paid by the terms BUYER on account of this Contract Agreement. Should the BUYER fail to comply with the foregoing requirements, this Agreement shall continue in full force and effect, and the rights and obligations of the parties shall be returned to Purchaser except for such amounts for extras which were approved by Purchaser and installed by Seller. Should Purchaser fail to so notify Seller of the declination of the mortgage application within the aforesaid five (5) day period, then, as if this paragraph did not appear in such event, this Contract shall be deemed to be an all cash transaction, the Mortgage Contingency shall be of no force and effect and the parties hereto shall proceed to closing. Notwithstanding anything herein contained to the contrary, Seller and Purchaser may extend the time in which to obtain a mortgage commitment but only by the terms of a writing signed by the parties hereto. Seller shall have the option, in the event of the declination of the mortgage application by the lending institution, to grant Purchaser a mortgage for the applied mortgage amount at the rate of interest of ( %) per centum per annum for a term of yearsAgreement.

Appears in 1 contract

Samples: Real Estate Sales Agreement

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