Residential Real Estate Agreement for Deed

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The following information and benefits is what distinguishes us from other online providers.

Legal Description
This is where you list what you're purchasing according to language included with the deed.

Purchase Price and Financing
The total paid as a deposit in cash and the total balance due to be financed by a purchase money mortgage and mortgage note or by an assumption of an existing mortgage.

Taxes and Assessments
The parties agree to create and maintain an escrow account that will pay all taxes, assessments or impositions that may be legally levied or imposed during the term of this Agreement.

Payments
Payments are made to the Trust.

Conveyance
Upon satisfaction of the borrowing party, the lending party will transfer title by deed.

Title Evidence
The Seller should provide to the Buyer or Buyer's agent an abstract of title OR a title insurance commitment.

Damage to Property
Risk of loss by fire or other casualty is specified here and the party agrees to keep the building upon the premises insured with an insurance company.

Condemnation
In the event that any or all of the property is taken by eminent domain during the existence of this Agreement, the rights and obligations shall be that the award shall be paid to one or both of the parties to the extent that is necessary to payout this Agreement.

Prepayment
The indebted party may prepay the entire balance outstanding at any time with thirty days written notice, with a 5 percent prepayment penalty, but may make partial prepayments that do not exceed 5 percent of the outstanding balance in any given month without notice.

Option to Call
Lending party retains the right to call this Agreement fully due and payable after the term of sixty months.

Default
Time is of the essence of this agreement. In case of the failure of the Second Party to make payments or any part thereof, or to perform any of the covenants on its part hereby made and entered into, this Agreement shall, at the option of the First Party, be declared void and of no effect, and the Second Party shall forfeit all payments made by it to date on this Agreement and said amount shall be retained by the First Party in full satisfaction and liquidation of all damages sustained by the First Party, and the First Party shall have the right to reenter and take possession of the premises aforesaid without being liable in any action at law or equity, or otherwise. In the event of default, Second Party hereby grants to First Party the irrevocable power of attorney to execute a Quit Claim Deed on Second Party's behalf to First Party conveying any equitable interest in the property held by Second Party under this Agreement for Deed to First Party, said Quit Claim Deed to recite that it is executed to release any and all interest in the Property held by Second Party to First Party, Second Party having defaulted under the terms of the Agreement for Deed.

Installment Payments
Any installment payment not received within five days of the due date shall require an additional payment of 18 percent per annum of the payment due. The accumulation of any three installment payments not received within ten days of the due date or any installment payment not received within fifteen days of the due date shall constitute a default.

Outstanding Loans
If the property has any existing underlying mortgage(s), First Party agrees to pay due all payments due to any lender so long as Second Party hereunder pays all sums due as set forth above. Upon payment in full of the purchase price, First Party agrees to immediately payoff any outstanding loans(s) from the proceeds, so as to deliver free and clear title to Second Party

Mediation and Arbitration
Mediation and Arbitration should always specify a location in a convenient jurisdiction (preferably, in the same county where they run their business). Mediation is a non-binding way to settle the dispute quickly and amicably. If unable to settle in mediation, arbitration is first option available. Arbitration is the preferred alternative to litigation because of speed, cost, and ability to maintain low profile (no info is publicly available).

Governing Law
Always stipulate that the contract will be governed under the law and jurisdiction where business is conducted. Always make sure that venue and jurisdiction are convenient.

No Modification or Waiver
No modifications except those specifically agreed upon by the parties in writing. Any waiver of a term or provision will not act as a waiver of any other provision.

Entire Agreement
This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both parties.

Notices
Notices should always list the current and best addresses where each party may contact the other for whatever reason.

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