Common use of Extension of Date of Closing Clause in Contracts

Extension of Date of Closing. If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB delivery requirements, not to exceed 10 days. If extreme weather, act 116 of God, act of terrorism or war ("force majeure") prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurance, all time periods, including the date of closing, 118 will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than 5 days after restoration of services essential to the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering written notice to the other party. 123 If title evidence or survey reveals any defects which render title unmarketable, or if the Property is not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory issue to notify 126 SELLER in writing of such defects. SELLER agrees to use reasonable diligence to cure such defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not sooner than the 129 date of closing. SELLER agrees to pay for and discharge all due and delinquent taxes, liens and other 130 monetary encumbrances unless otherwise agreed in writing. If SELLER is unable to convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either terminate 132 this Agreement or to accept the Property as SELLER is able to convey, and to close this transaction 133 upon the terms stated herein, which election must be exercised within 10 days after BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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Extension of Date of Closing. 104 If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) 105 delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB 106 delivery requirements, not to exceed 10 days. If extreme weather, act 116 of God, act of terrorism or war 107 ("force majeure") prevents any obligation under this Agreement from 117 being performed or causes the 108 unavailability of insurance, all time periods, including the date of closing, 118 will be extended for the 109 period of time that any of the above prevents performance of any obligation 119 under this Agreement, but 110 in no event more than 5 days after restoration of services essential to the 120 closing process and 111 availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this l i i i 112 Agreement for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this 113 Agreement by delivering written notice to the other party. 123 114 If title evidence or survey reveals any defects which render title unmarketable, or if the Property is not 115 in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days from 125 116 receipt of title commitment, survey or written evidence of any permitting/regulatory regulation issue to 117 notify 126 SELLER in writing of such defects. SELLER agrees to use reasonable diligence to cure such 118 defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be 119 closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not 120 sooner than the 129 date of closing. SELLER agrees to pay for and discharge all due and delinquent taxes, 121 liens and other 130 monetary encumbrances encumbrances, unless otherwise agreed in writing. If SELLER is unable to 122 convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either 123 terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this 124 transaction 133 upon the terms stated herein, which election must be exercised within 10 days after 125 BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 2 contracts

Samples: Vacant Land Purchase and Sale Agreement, Vacant Land Purchase and Sale Agreement

Extension of Date of Closing. If closing cannot occur by the date of closing due to Truth In Lending 115 Act (TILA) or Consumer 114 Financial Protection Bureau (CFPB) delivery requirements, the date of closing 116 shall be extended for the 115 period necessary to satisfy TILA or CFPB delivery requirements, not to 117 exceed 10 days. If extreme weather, act 116 weather or other condition or event constituting acts of God, act God causes (i) 118 disruption of terrorism services essential to the closing process or war ("force majeure"ii) prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurancehazard, all time periodsflood or wind 119 insurance prior to closing, including the date of closing, 118 closing will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than up to 5 days after restoration of 120 services essential to the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any (i) or (ii) continues 121 obligation under this Agreement for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement 122 by delivering written notice to the other party. 123 If title evidence or survey reveals any defects which render the title unmarketable, or if the Property is 124 not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days 125 from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory issue to notify 126 SELLER in writing of such defects. SELLER XXXXXX agrees to use reasonable diligence to cure such defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not sooner than 129 the 129 date of closing. SELLER XXXXXX agrees to pay for and discharge all due and delinquent taxes, liens and 130 other 130 monetary encumbrances unless otherwise agreed in writing. If SELLER is unable to convey 131 marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either 132 terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this 133 transaction 133 upon the terms stated herein, which election must will be exercised within 10 days after BUYERXXXXX’s 134 receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects 140 such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall 143 obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Extension of Date of Closing. If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB delivery requirements, not to exceed 10 days. If extreme weather, act 116 of God, act of terrorism or war ("force majeure") prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurance, all time periods, including the date of closing, 118 will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than 5 days after restoration of services essential to the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering written notice to the other party. 123 If title evidence or survey reveals any defects which render the title unmarketable, or if the Property is 124 not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days 125 from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory issue to notify 126 SELLER in writing of such defects. SELLER agrees to use reasonable diligence to cure such defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not sooner than 129 the 129 date of closing. SELLER agrees to pay for and discharge all due and delinquent taxes, liens and 130 other 130 monetary encumbrances unless otherwise agreed in writing. If SELLER is unable to convey 131 marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either 132 terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this 133 transaction 133 upon the terms stated herein, which election must will be exercised within 10 days after BUYER’s 134 receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects 140 such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall 143 obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Extension of Date of Closing. If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB delivery requirements, not to exceed 10 days. If extreme weather, act 116 of God, act of terrorism or war ("force majeure") prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurance, all time periods, including the date of closing, 118 will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than 5 days after restoration of services essential to the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering written notice to the other party. 123 If title evidence or survey reveals any defects which render title unmarketable, or if the Property is not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory issue to notify 126 SELLER in writing of such defects. SELLER XXXXXX agrees to use reasonable diligence to cure such defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not sooner than the 129 date of closing. SELLER XXXXXX agrees to pay for and discharge all due and delinquent taxes, liens and other 130 monetary encumbrances unless otherwise agreed in writing. If SELLER is unable to convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either terminate 132 this Agreement or to accept the Property as SELLER is able to convey, and to close this transaction 133 upon the terms stated herein, which election must be exercised within 10 days after BUYERXXXXX’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Extension of Date of Closing. 104 If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) 105 delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB 106 delivery requirements, not to exceed 10 days. If extreme weather, act 116 of God, act of terrorism or war 107 ("force majeure") prevents any obligation under this Agreement from 117 being performed or causes the 108 unavailability of insurance, all time periods, including the date of closing, 118 will be extended for the 109 period of time that any of the above prevents performance of any obligation 119 under this Agreement, but 110 in no event more than 5 days after restoration of services essential to the 120 closing process and 111 availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this l i i i 112 Agreement for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this 113 Agreement by delivering written notice to the other party. 123 114 If title evidence or survey reveals any defects which render title unmarketable, or if the Property is not 115 in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days from 125 116 receipt of title commitment, survey or written evidence of any permitting/regulatory regulation issue to 117 notify 126 SELLER in writing of such defects. SELLER XXXXXX agrees to use reasonable diligence to cure such 118 defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be 119 closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not 120 sooner than the 129 date of closing. SELLER XXXXXX agrees to pay for and discharge all due and delinquent taxes, 121 liens and other 130 monetary encumbrances encumbrances, unless otherwise agreed in writing. If SELLER is unable to 122 convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either 123 terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this 124 transaction 133 upon the terms stated herein, which election must be exercised within 10 days after 125 BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Vacant Land Purchase and Sale Agreement

Extension of Date of Closing. 102 If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) 103 delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB 104 delivery requirements, not to exceed 10 days. 105 If extreme weather, act 116 weather or other condition or event constituting acts of God, act God causes (i) disruption of terrorism 106 services essential to the closing process or war ("force majeure"ii) prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurancehazard, all time periodsflood or wind insurance prior to 107 closing, including the date of closing, 118 closing will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than up to 5 days after restoration of services essential to 108 the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement (i) or (ii) continues for more than 30 109 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering 110 written notice to the other party. 123 111 If title evidence or survey reveals any defects which render the title unmarketable, or if the Property is 112 not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days 113 from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory regulation 114 issue to notify 126 SELLER in writing of such defects. SELLER XXXXXX agrees to use reasonable diligence to cure such 115 defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be 116 closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not 117 sooner than the 129 date of closing. SELLER XXXXXX agrees to pay for and discharge all due and delinquent 118 taxes, liens and other 130 monetary encumbrances encumbrances, unless otherwise agreed in writing. If SELLER is 119 unable to convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either 120 terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this 121 transaction 133 upon the terms stated herein, which election must will be exercised within 10 days after 122 BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Extension of Date of Closing. If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau Truth In Lending Act (CFPBTILA) delivery disclosure requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB delivery TILA disclosure requirements, not to exceed 10 seven (7) business days. If extreme weather, act 116 weather or other condition or event constituting acts of God, act God causes (i) disruption of terrorism services essential to the closing process or war ("force majeure"ii) prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurancehazard, all time periodsflood or wind insurance prior to closing, including the date of closing, 118 closing will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than 5 up to five (5) days after restoration of services essential to the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement (i) or (ii) continues for more than 30 thirty (30) days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering written notice to the other party. 123 If title evidence or survey reveals any defects which render the title unmarketable, or if the Property is not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 five (5) days from 125 receipt of title commitment, commitment and survey or written evidence of any permitting/regulatory issue to notify 126 SELLER in writing of such title defects. SELLER agrees to use reasonable diligence to cure such defects at 127 SELLER's expense and will have 30 thirty (30) days to do so, in which event this transaction will be closed within 128 10 ten (10) days after delivery to BUYER of evidence that such defects have been cured but not sooner than the 129 date of closing. SELLER agrees to pay for and discharge all due and delinquent taxes, liens and other 130 monetary encumbrances encumbrances, unless otherwise agreed in writingagreed. If SELLER is unable to convey to BUYER marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either terminate 132 this Agreement or to accept the Property such title as SELLER is may be able to convey, and to close this transaction 133 upon the terms stated herein, which election must will be exercised within 10 ten (10) days after BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Extension of Date of Closing. 102 If closing cannot occur by the date of closing due to Consumer 114 Financial Protection Bureau (CFPB) 103 delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy CFPB 104 delivery requirements, not to exceed 10 days. 105 If extreme weather, act 116 weather or other condition or event constituting acts of God, act God causes (i) disruption of terrorism 106 services essential to the closing process or war ("force majeure"ii) prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurancehazard, all time periodsflood or wind insurance prior to 107 closing, including the date of closing, 118 closing will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than up to 5 days after restoration of services essential to 108 the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement (i) or (ii) continues for more than 30 109 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering 110 written notice to the other party. 123 111 If title evidence or survey reveals any defects which render the title unmarketable, or if the Property is 112 not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days 113 from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory regulation 114 issue to notify 126 SELLER in writing of such defects. SELLER agrees to use reasonable diligence to cure such 115 defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be 116 closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not 117 sooner than the 129 date of closing. SELLER agrees to pay for and discharge all due and delinquent 118 taxes, liens and other 130 monetary encumbrances encumbrances, unless otherwise agreed in writing. If SELLER is 119 unable to convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either 120 terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this 121 transaction 133 upon the terms stated herein, which election must will be exercised within 10 days after 122 BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Extension of Date of Closing. If closing cannot occur by the date of closing due to Truth In Lending Act (TILA) or Consumer 114 Financial Protection Bureau (CFPB) delivery requirements, the date of closing shall be extended for the 115 period necessary to satisfy TILA or CFPB delivery requirements, not to exceed 10 days. If extreme weather, act 116 weather or other condition or event constituting acts of God, act God causes (i) disruption of terrorism services essential to the closing process or war ("force majeure"ii) prevents any obligation under this Agreement from 117 being performed or causes the unavailability of insurancehazard, all time periodsflood or wind insurance prior to closing, including the date of closing, 118 closing will be extended for the period of time that any of the above prevents performance of any obligation 119 under this Agreement, but in no event more than up to 5 days after restoration of services essential to the 120 closing process and availability of applicable insurance. If force majeure prevents performance of any 121 obligation under this Agreement (i) or (ii) continues for more than 30 days beyond the date of closing, BUYER or SELLER 122 may terminate this Agreement by delivering written notice to the other party. 123 If title evidence or survey reveals any defects which render the title unmarketable, or if the Property is not in 124 compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days from 125 receipt of title commitment, survey or written evidence of any permitting/regulatory issue to notify 126 SELLER in writing of such defects. SELLER agrees to use reasonable diligence to cure such defects at 127 SELLER's expense and will have 30 days to do so, in which event this transaction will be closed within 128 10 days after delivery to BUYER of evidence that such defects have been cured but not sooner than the 129 date of closing. SELLER XXXXXX agrees to pay for and discharge all due and delinquent taxes, liens and other 130 monetary encumbrances unless otherwise agreed in writing. If SELLER is unable to convey marketable 131 title, or to cure permitting/regulatory compliance issues, BUYER will have the right to either terminate 132 this Agreement Agreement, or to accept the Property as SELLER is able to convey, and to close this transaction 133 upon the terms stated herein, which election must will be exercised within 10 days after BUYER’s receipt of 134 SELLER’s written notice of SELLER’s inability to cure. 135 4. TITLE EVIDENCE / MUNICIPAL LIEN SEARCH: 136 (A) TITLE EVIDENCE: At least days before date of closing (10 days if left blank), the party paying 137 for the title insurance shall cause the title agent to issue a title insurance commitment for an owner’s 138 policy in the amount of the Purchase Price and a title insurance commitment for a mortgage policy in the 139 amount of BUYER’s loan(s) if BUYER is financing the purchase. Any expense of curing title defects 140 such 140 as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. 141 (B) MUNICIPAL LIEN SEARCH: If a municipal lien search is required in this Agreement, at least 142 days before date of closing (10 days if left blank), the party paying for this search shall 143 obtain 143 and provide to the closing attorney/settlement agent a municipal lien search.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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