Common use of Xxxxxxx Money/Trust Money Clause in Contracts

Xxxxxxx Money/Trust Money. Buyer has paid or will pay within days after the Binding Agreement Date to 154 (name of Xxxxxx) (“Holder”) located at 155 (address of Holder), a Xxxxxxx 156 Money/Trust Money deposit of $ by check (OR 157 ) (“Xxxxxxx Money/Trust Money”). 158 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 timely received by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored for any reason by 160 the bank upon which it is drawn, Holder shall promptly notify Buyer and Seller of the Buyer’s failure to deposit the 161 agreed upon Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 in immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 Seller shall have the right to terminate this Agreement by delivering to Buyer or Xxxxx’s representative written notice 164 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust Money in 165 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have waived his 166 right to terminate, and the Agreement shall remain in full force and effect. 167 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by Xxxxxx. Xxxxxxx Money/Trust Money (if applicable) is 168 to be deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 Money/Trust Money section or as specified in the Special Stipulations section contained herein. Holder shall disburse 170 Xxxxxxx Money/Trust Money only as follows: 171 (a) at Closing to be applied as a credit toward Xxxxx’s Purchase Price; 172 (b) upon a written agreement signed by all parties having an interest in the funds; 173 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 Money/Trust Money; 175 (d) upon a reasonable interpretation of the Agreement; or 176 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 jurisdiction over the matter. 178 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 liable for the same) for any matter arising out of or related to the performance of Xxxxxx’s duties under this Xxxxxxx 182 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 deposit unless written evidence of clearance by bank is provided. 184 4. Closing, Prorations, Special Assessments and Warranties Transfer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Xxxxxxx Money/Trust Money. Buyer has paid or will pay within 7 days after the Binding Agreement Date to 154 000 Xxxx Xxxxx Prop_erties (name of XxxxxxHolder) (“Holder”) located at 155 156 000 Xxxxx Xx Xxxxxxxxx XX 00000 (address of Holder), a Xxxxxxx 156 157 Money/Trust Money deposit of $ 500 by check (OR 157 158 ) (“Xxxxxxx Money/Trust Money”). 158 This form is copyrighted and may only be used in real estate transactions in which C_ rystal G_ xxxxx is involved as a TAR authorized user. Authentisign ID: A0CF7374-05E6-4114-ACF1-A2669C75FFCC Authentisign ID: A0CF7374-05E6-4114-ACF1-A2669C75FFCC DocuSign Envelope ID: B274E93A-6FA9-447C-9FA Authentisign ID: 925942B7-70A3-49C8-978A-085EAB64FE10 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 timely received by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored for any reason by 160 the bank upon which it is drawn, Holder shall promptly notify Buyer and Seller of the Buyer’s failure to deposit the 161 agreed upon Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 in immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 Seller shall have the right to terminate this Agreement by delivering to Buyer or XxxxxBuyer’s representative written notice 164 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust Money in 165 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have waived his 166 right to terminate, and the Agreement shall remain in full force and effect. 167 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by Xxxxxx. Xxxxxxx Money/Trust Money (if applicable) is 168 to be deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 Money/Trust Money section or as specified in the Special Stipulations section contained herein. Holder shall disburse 170 Xxxxxxx Money/Trust Money only as follows: 171 (a) at Closing to be applied as a credit toward Xxxxx’s Purchase Price; 172 (b) upon a written agreement signed by all parties having an interest in the funds; 173 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 Money/Trust Money; 175 (d) upon a reasonable interpretation of the Agreement; or 176 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 jurisdiction over the matter. 178 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 liable for the same) for any matter arising out of or related to the performance of Xxxxxx’s duties under this Xxxxxxx 182 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 deposit unless written evidence of clearance by bank is provided. 184 4. Closing, Prorations, Special Assessments and Warranties Transfer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Xxxxxxx Money/Trust Money. Buyer has paid or will pay within days after the Binding Agreement Date to 154 (name of XxxxxxHolder) (“Holder”) located at 155 (address of Holder), a Xxxxxxx 156 Money/Trust Money deposit of $ by check (OR 157 ) (“Xxxxxxx Money/Trust Money”). 158 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 timely received by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored for any reason by 160 the bank upon which it is drawn, Holder shall promptly notify Buyer and Seller of the Buyer’s failure to deposit the 161 agreed upon Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 in immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 Seller shall have the right to terminate this Agreement by delivering to Buyer or XxxxxBuyer’s representative written notice 164 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust Money in 165 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have waived his 166 right to terminate, and the Agreement shall remain in full force and effect. 167 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by XxxxxxHolder. Xxxxxxx Money/Trust Money (if applicable) is 168 to be deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 Money/Trust Money section or as specified in the Special Stipulations section contained herein. Holder shall disburse 170 Xxxxxxx Money/Trust Money only as follows: 171 (a) at Closing to be applied as a credit toward XxxxxBuyer’s Purchase Price; 172 (b) upon a written agreement signed by all parties having an interest in the funds; 173 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 Money/Trust Money; 175 (d) upon a reasonable interpretation of the Agreement; or 176 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 jurisdiction over the matter. 178 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 liable for the same) for any matter arising out of or related to the performance of XxxxxxHolder’s duties under this Xxxxxxx 182 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 deposit unless written evidence of clearance by bank is provided. 184 4. Closing, Prorations, Special Assessments and Warranties Transfer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Xxxxxxx Money/Trust Money. Buyer has paid or will pay within days after the Binding Agreement Date to 154 139 (name of XxxxxxHolder) (“Holder”) 140 located at 155 (address of Holder), a an 141 Xxxxxxx 156 Money/Trust Money deposit of $ by check (OR 157 142 ) (“Xxxxxxx Money/Trust Money”). 158 143 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 timely received 144 by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored honored, for any reason by 160 the bank upon 145 which it is drawn, Holder shall promptly notify Buyer and Seller of the Buyer’s 's failure to deposit the 161 agreed upon 146 Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 in 147 immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 148 Seller shall have the right to terminate this Agreement by delivering to Buyer or Xxxxx’s Buyer's representative written 149 notice 164 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust 150 Money in 165 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have 151 waived his 166 right to terminate, and the Agreement shall remain in full force and effect. 167 152 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by XxxxxxHolder. Xxxxxxx Money/Trust Money (if applicable) is 168 to be 153 deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 Money/Trust 154 Money section paragraph or as specified in the Special Stipulations section paragraph contained at paragraph 15 herein. Holder 155 shall disburse 170 Xxxxxxx Money/Trust Money only as follows: 171 (a) at Closing to be applied as a credit toward Xxxxx’s Purchase Price; 172 (b) upon a written agreement signed by all parties having an interest in the funds; 173 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 Money/Trust Money; 175 (d) upon a reasonable interpretation of the Agreement; or 176 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 jurisdiction over the matter. 178 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 liable for the same) for any matter arising out of or related to the performance of Xxxxxx’s duties under this Xxxxxxx 182 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 deposit unless written evidence of clearance by bank is provided. 184 4. Closing, Prorations, Special Assessments and Warranties Transfer.:

Appears in 1 contract

Samples: Lot/Land Purchase and Sale Agreement

Xxxxxxx Money/Trust Money. Buyer has paid or will shall pay within days after the Binding Agreement Date 157 to 154 (name of Xxxxxx) (“Holder”) located 158 at 155 (address of Holder), a an Xxxxxxx 156 159 Money/Trust Money deposit of $ by check (OR 157 160 ) (“Xxxxxxx Money/Trust Money”). 158 161 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 162 timely received by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored for any reason by 160 163 the bank upon which it is drawn, Holder Xxxxxx shall promptly notify Buyer and Seller of the Buyer’s failure to deposit the 161 164 agreed upon Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 165 in immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 166 Seller shall have the right to terminate this Agreement by delivering to Buyer or Xxxxx’s representative written notice 164 167 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust Money in 165 168 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have waived his 166 169 Seller’s right to terminate, and the Agreement shall remain in full force and effect. 167 170 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by Xxxxxx. Xxxxxxx Money/Trust Money (if applicable) is 168 171 to be deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 172 Money/Trust Money section or as specified in the Special Stipulations section contained herein. Holder shall disburse 170 173 Xxxxxxx Money/Trust Money only as follows: 171 174 (a) at Closing to be applied as a credit toward Xxxxx’s Purchase Price; 172 175 (b) upon a written agreement signed by all parties having an interest in the funds; 173 176 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 177 Money/Trust Money; 175 178 (d) upon a reasonable interpretation of the Agreement; or 176 179 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 180 jurisdiction over the matter. 178 181 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 182 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 183 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 184 liable for the same) for any matter arising out of or related to the performance of Xxxxxx’s duties under this Xxxxxxx 182 185 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 186 deposit unless written evidence of clearance by bank is provided. 184 187 4. Closing, Prorations, Special Assessments and Warranties Transfer.

Appears in 1 contract

Samples: Sell Listing Agreement

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Xxxxxxx Money/Trust Money. Buyer has paid or will pay within days after the Binding Agreement Date to 154 139 (name of Xxxxxx) (“Holder”) 140 located at 155 (address of Holder), a an 141 Xxxxxxx 156 Money/Trust Money deposit of $ by check (OR 157 142 ) (“Xxxxxxx Money/Trust Money”). 158 143 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 timely received 144 by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored honored, for any reason by 160 the bank upon 145 which it is drawn, Holder shall promptly notify Buyer and Seller of the Buyer’s 's failure to deposit the 161 agreed upon 146 Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 in 147 immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 148 Seller shall have the right to terminate this Agreement by delivering to Buyer or Xxxxx’s 's representative written 149 notice 164 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust 150 Money in 165 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have 151 waived his 166 right to terminate, and the Agreement shall remain in full force and effect. 167 152 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by Xxxxxx. Xxxxxxx Money/Trust Money (if applicable) is 168 to be 153 deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 Money/Trust 154 Money section paragraph or as specified in the Special Stipulations section paragraph contained at paragraph 15 herein. Holder 155 shall disburse 170 Xxxxxxx Money/Trust Money only as follows: 171 (a) at Closing to be applied as a credit toward Xxxxx’s Purchase Price; 172 (b) upon a written agreement signed by all parties having an interest in the funds; 173 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 Money/Trust Money; 175 (d) upon a reasonable interpretation of the Agreement; or 176 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 jurisdiction over the matter. 178 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 liable for the same) for any matter arising out of or related to the performance of Xxxxxx’s duties under this Xxxxxxx 182 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 deposit unless written evidence of clearance by bank is provided. 184 4. Closing, Prorations, Special Assessments and Warranties Transfer.:

Appears in 1 contract

Samples: Lot/Land Purchase and Sale Agreement

Xxxxxxx Money/Trust Money. Buyer has paid or will shall pay within days after the Binding Agreement Date to 154 156 (name of Xxxxxx) (“Holder”) located at 155 157 (address of Holder), a an Xxxxxxx 156 158 Money/Trust Money deposit of $ by check (OR 157 159 ) (“Xxxxxxx Money/Trust Money”). 158 160 A. Failure to Receive Xxxxxxx Money/Trust Money. In the event Xxxxxxx Money/Trust Money (if applicable) is not 159 161 timely received by Holder or Xxxxxxx Money/Trust Money check or other instrument is not honored for any reason by 160 162 the bank upon which it is drawn, Holder shall promptly notify Buyer and Seller of the Buyer’s failure to deposit the 161 163 agreed upon Xxxxxxx Money/Trust Money. Buyer shall then have one (1) day to deliver Xxxxxxx Money/Trust Money 162 164 in immediately available funds to Holder. In the event Buyer does not deliver such funds, Buyer is in default and 163 165 Seller shall have the right to terminate this Agreement by delivering to Buyer or Xxxxx’s representative written notice 164 166 via the Notification form or equivalent written notice. In the event Buyer delivers the Xxxxxxx Money/Trust Money in 165 167 immediately available funds to Holder before Seller elects to terminate, Seller shall be deemed to have waived his 166 Seller’s 168 right to terminate, and the Agreement shall remain in full force and effect. 167 169 B. Handling of Xxxxxxx Money/Trust Money upon Receipt by Xxxxxx. Xxxxxxx Money/Trust Money (if applicable) is 168 170 to be deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx 169 171 Money/Trust Money section or as specified in the Special Stipulations section contained herein. Holder shall disburse 170 172 Xxxxxxx Money/Trust Money only as follows: 171 173 (a) at Closing to be applied as a credit toward Xxxxx’s Purchase Price; 172 174 (b) upon a written agreement signed by all parties having an interest in the funds; 173 175 (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Xxxxxxx 174 176 Money/Trust Money; 175 (d) upon a reasonable interpretation of the Agreement; or 176 (e) upon the filing of an interpleader action with payment to be made to the clerk of the court having 177 jurisdiction over the matter. 178 Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including 179 reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other 180 party the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be 181 liable for the same) for any matter arising out of or related to the performance of Xxxxxx’s duties under this Xxxxxxx 182 Money/Trust Money section. Xxxxxxx Money/Trust Money shall not be disbursed prior to fourteen (14) days after DRAFT SPECIMEN 183 deposit unless written evidence of clearance by bank is provided. 184 4. Closing, Prorations, Special Assessments and Warranties Transfer.;

Appears in 1 contract

Samples: Purchase and Sale Agreement

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