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 Closing Date or to terminate the Agreement if: 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; 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 (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 Property; full payment of any property, fire or hazard insurance claim is not confirmed prior to the Closing Date; any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property; the Buyer is the former mortgagor of the Property whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of the Agreement. Such failure to disclose shall constitute a material breach under the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit; or the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Buyer, or any related transactions, are in any way associated with illegal activity of any kind. In the event the Seller elects to terminate the Agreement as a result of (a), (b), (c), (d), (e) or (g) above, the Seller shall return the Buyer's xxxxxxx money deposit 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: Estate Purchase, Estate Purchase, media.crmls.org

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