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2011-226A
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2011-226A
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Last modified
2/17/2016 1:12:41 PM
Creation date
10/1/2015 3:00:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/01/2011
Control Number
2011-226A
Agenda Item Number
8.P.
Entity Name
GMAC Rescap
Subject
69th Street and 66th Avenue Right of Way Purchase
Area
6885 66th Ave.
Supplemental fields
SmeadsoftID
10320
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5a 5. EXTENSION OF CLOSING DATE : <br /> 51 (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act (TILA) <br /> 52 notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements , <br /> 53 not to exceed 7 days . <br /> 54 ( b) If extreme weather or other condition or event constituting " Force Majeure" (see STANDARD G ) causes: <br /> 55 (i ) disruption of utilities or other services essential for Closing, or (ii) Hazard , Wind , Flood or <br />Homeowners' <br /> 56 insurance, to become unavailable prior to Closing , Closing will be extended a reasonable time up to 3 days <br /> 57 after restoration of utilities and other services essential to Closing , and availability of applicable Hazard , Wind , <br /> 58 Flood or Homeowners ' insurance. If restoration of such utilities or services and availability of insurance has not <br /> 59• occurred within (if left blank, 14) days after Closing Date, then either party may terminate <br /> this <br /> 60 Contract by delivering written notice to the other party , and Buyer shall be refunded the Deposit, <br /> thereby <br /> 61 releasing Buyer and Seller from all further obligations under this Contract. <br /> 62 6. OCCUPANCY AND POSSESSION : Unless otherwise stated herein , Seller shall at Closing , have removed all <br /> 63 personal items and trash from the Property and shall deliver occupancy and possession , along with all <br /> keys , <br /> 64 garage door openers , access devices and codes, as applicable , to Buyer. If Property is intended to be rented or <br /> 65 occupied beyond Closing , the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant <br /> 66 to STANDARD D . If occupancy is to be delivered before Closing , Buyer assumes all risks of loss to Property from <br /> 67 date of occupancy, shall be responsible and liable for maintenance from that date , and shall be deemed to have <br /> 66 accepted Property in its existing condition as of time of taking occupancy. <br /> fig• 7. ASSIGNABILITY : (CHECK ONE) Buyer ❑ may assign and thereby be released from any further liability <br /> 70` under this Contract; ❑ may assign but not be released from liability under this Contract; or may <br />not assign <br /> 71 this Contract. <br /> 72 FINANCING <br /> 73 8, FINANCING : <br /> 74* (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There <br /> is no financing <br /> 75 contingency to Buyer's obligation to close . <br /> 76' ❑ (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a ❑ conventional ❑ FHA <br /> 77' ❑ VA loan on the following terms within ( if blank, then 30) days after Effective Date <br /> (" Loan <br /> 78' Commitment Date" ) for: (CHECK ONE) : ❑ fixed , ❑ adjustable, ❑ fixed or adjustable rate loan in <br /> 79' the principal amount of $ or % of the Purchase Price , at an initial interest rate <br /> eo• not to exceed % (if blank, then prevailing rate based upon Buyer's creditworthiness) , and for a <br /> fit = term of years (" Financing") . , <br /> 82* Buyer will make mortgage loan application for the Financing within ( if blank, then 5) days after <br /> 83 Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing <br /> 84 (" Loan Commitment") and close this Contract. Buyer shall keep Seller and Broker fully informed about <br /> 65 the status of mortgage loan application and Loan Commitment and authorizes Buyer' s mortgage broker and <br /> 86 Buyer's lender to disclose such status and progress to Seller and Broker. <br /> 87 If Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written <br /> sa notice to Seller, and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from <br /> all <br /> 89 further obligations under this Contract. <br /> go If Buyer does not deliver written notice to Seller of receipt of Loan Commitment or Buyer' s written waiver of <br /> 91 this financing contingency , then after Loan Commitment Date Seller may terminate this Contract by <br /> 92 delivering written notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and <br /> 93 Seller from all further obligations under this Contract. <br /> sa If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract <br /> does not <br /> 95 thereafter close , the Deposit shall be paid to Seller unless failure to close is due to : ( 1 ) Seller' <br />s default; <br /> 95 (2) Property related conditions of the Loan Commitment have not been met (except when such conditions <br /> 97 are waived by other provisions of this. Contract) ; (3) appraisal of the Property obtained by Buyer's lender is <br /> ss insufficient to meet terms of the Loan Commitment; or (4) the loan is not funded due to financial failure of <br /> as Buyer's lender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seller <br /> loo from all further obligations under this Contract. <br /> 101 • ❑ (c) Assumption of existing mortgage (see rider for terms) . <br /> 102= [:] (d) Purchase money note and mortgage to Seller (see riders ; addenda ; or special clauses for terms) . <br /> Buyer's Initials Page 2 of 10 Seller's Initials <br /> FloridaRealtors/FloddaBar=ASIS-1 Rev. 6110 0 2010 Florida Realtors® and The Florida Bar. All rights reserved . <br />
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