Common use of REMEDIES OF THE PARTIES Clause in Contracts

REMEDIES OF THE PARTIES. a. If Xxxxx fails to timely perform this contract, Seller may, at Seller’s option, forfeit Buyer’s rights in this contract as provided in the Iowa Code, and all payments made by Buyer shall be forfeited. If Xxxxx fails to timely perform this contract, Seller, at her option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyer only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Seller, in such action file an election to waive any deficiency judgment against Buyer which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyer, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months.

Appears in 3 contracts

Samples: www.sullivanauctioneers.com, www.sullivanauctioneers.com, www.sullivanauctioneers.com

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REMEDIES OF THE PARTIES. a. If Xxxxx fails Buyers fail to timely perform this contract, Seller Sellers may, at Seller’s Sellers’ option, forfeit Buyer’s Buyers’ rights in this contract as provided in the Iowa Code, and all payments made by Buyer Buyers shall be forfeited. If Xxxxx fails Buyers fail to timely perform this contract, SellerSellers, at her their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyer Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's ’s sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the SellerSellers, in such action file an election to waive any deficiency judgment against Buyer Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the BuyerBuyers, and the time periods in Sections Section 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months.

Appears in 1 contract

Samples: Real Estate Contract

REMEDIES OF THE PARTIES. a. If Xxxxx fails Buyers fail to timely perform this contract, Seller Sellers may, at Seller’s Sellers' option, forfeit Buyer’s Buyers' rights in this contract as provided in the Iowa Code, and all payments made by Buyer Buyers shall be forfeited. If Xxxxx fails Buyers fail to timely perform this contract, SellerSellers, at her their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyer Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the SellerSellers, in such action file an election to waive any deficiency judgment against Buyer Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the BuyerBuyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months.

Appears in 1 contract

Samples: Hon Industries Inc

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REMEDIES OF THE PARTIES. a. If Xxxxx fails Buyers fail to timely perform this contract, Seller Sellers may, at Seller’s Sellers' option, forfeit Buyer’s Buyers rights in this contract as provided in the Iowa Code, and all payments made by Buyer Buyers shall be forfeited. If Xxxxx fails Buyers fail to timely perform this contract, SellerSellers, at her their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyer Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the SellerSellers, in such action file an election to waive any deficiency judgment against Buyer Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the BuyerBuyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months.

Appears in 1 contract

Samples: Real Estate Contract

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