conditional commitment letter from Purchaser's lender; and (2) the new loan does not increase the costs charged to Seller.
Notwithstanding the foregoing option, Purchaser shall be obligated to close this transaction if Purchaser has the ability to
obtain a loan with the terms described herein. If Purchaser does not timely comply with any of the requirements of this
Paragraph 6, including any optional subparagraphs that are checked as being applicable, Seller shall have the right to declare
this Contract null and void, in which case Earnest Money shall be returned to Purchaser. Time is of the essence in this
Paragraph 6, including all applicable subparagraphs.
(b) In addition to the requirements of subparagraph (a) above, within twenty (20) days from the date of Purchaser's loan
application, Purchaser shall provide to Seller and/or Seller's Agent a conditional commitment letter from Purchaser's lender
providing reasonable assurance of Purchaser's ability to obtain the financing contemplated by this Contract. Said letter shall be
in form and substance acceptable to Seller in Seller's reasonable discretion; however, a letter from the lender verifying that
Purchaser has available funds to close, credit acceptable to lender, and employment or income necessary to obtain said loan
shall be deemed acceptable. Seller shall have the right to declare this Contract null and void if said letter is not timely received,
in which case Earnest Money shall be returned to Purchaser. This Contract is contingent upon Property appraising for fair
market value of an amount equal to or greater than the purchase price as stated above.
7. CONVEYANCE AND TITLE: Seller hereby agrees to sell and convey Property (including the personal property described
in Paragraph 4(a) hereof), or cause it to be conveyed, by good and sufficient warranty deed, unto Purchaser or unto such
persons as Purchaser may designate; however, Purchaser shall not be released from any of Purchaser's agreements and
undertakings as set forth herein, unless otherwise stated herein; and Purchaser hereby agrees to purchase Property from Seller,
subject to and upon the terms and conditions set forth in this Contract. Title is to be conveyed subject to all restrictions, general
utility, sewer and drainage easements of record upon which building(s) do not encroach, zoning ordinances and all other laws
of any governmental authority, covenants of record, articles of association or incorporation, by-laws, master deed, and rules
and regulations. Property (is) (is not) [Cross Out One] subject to assessments in the amount of _________________________
Dollars ( $_________ ), payable ____________ [Insert: Monthly, Quarterly, Semi-Annually Or Other], to
_______________________________________ [Insert: Contact Name And Telephone Number]. Seller agrees to furnish to
Purchaser, for examination only, either title search or adequate abstracts of title, taxes, judgments and liens, covering Property,
as soon as same can be prepared, or, at Seller's option, an owner's title insurance policy for the amount of the above purchase
price issued by one of the title insurance companies having offices in Memphis, Tennessee, insuring a good and marketable
title, which title policy shall constitute and be accepted by Purchaser as conclusive evidence of a good and marketable title.
Adequate abstracts of title, taxes, judgments, and liens are those required by the title insurance companies having offices in
Memphis, Tennessee, as the basis for the issuance of title insurance.
8. PROPERTY CONDITIONS, INSPECTIONS AND ACCEPTANCE OF PROPERTY [Choose Applicable Box(es)]:
_____ (a) Without regard to the inspection privileges below, Seller agrees to deliver to Purchaser the plumbing, heating,
electrical, air conditioning, fireplace, all appliances, and, if one exists, swimming pool, its equipment and accessories, in
normal working condition, and the roof in a condition with no visible leaks at time of closing. Seller agrees to deliver Property
and its improvements, with no structural defects other than those listed below, and to the best of Seller's knowledge, free of
standing water or moisture damage under any conventional foundation at the time of closing. All other Property improvements
not listed above are to be delivered to Purchaser in as good a condition at the closing as they were on the effective date of this
Contract, ordinary wear and tear excepted. If the items listed hereinabove are not in such condition at the time of closing, Seller
is obligated to put them in such condition, or to compensate Purchaser for his failure to do so. Furthermore, Seller specifically
covenants and represents that he has no actual knowledge of any defects in the condition of Property or the appliances,
systems, equipment, and other improvements referred to above, except for the following defects [If None, Print "None" In
The Space Below]:
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Purchaser shall inspect Property or engage a qualified home inspector of Purchaser's choice, who is also acceptable to Seller, to
inspect Property prior to closing, at Purchaser's expense, for the purpose of evaluating the plumbing, heating, electrical, air
conditioning, fireplace, appliances, and, if one exists, the swimming pool, its equipment and accessories, to determine if they
are in normal working order, and if the roof has any visible leaks, and/or structural defects, or standing water or moisture
damage under any conventional foundation. If Seller does not object to the home inspector chosen by Purchaser within twenty-
four (24) hours of being advised of the home inspector's identity, Seller shall be presumed to not object. A copy of any written
inspection report shall be given to all parties to this Contract. The inspection report shall determine what repairs, if any, are
reasonably necessary to place the above-listed appliances, systems, equipment, and improvements in normal working order,
and/or to repair or make the roof free of visible leaks. Seller agrees to make and pay for such repairs, subject to the limitation
provided in Paragraph 10 hereof, but Seller shall not have any obligation to remedy or repair any item other than those listed
herein, and shall not be required to bring any item up to current building code unless required to do so by proper building
authority. The inspection report is not to ascertain the cosmetic imperfections of Property or other items that Purchaser has
already considered, or should have already considered, in determining the purchase price. If Purchaser does not inspect or have
Property inspected within_______________ (___) days from the effective date of this Contract, then Purchaser shall lose the
right of inspection. However, regardless of whether or not Purchaser has inspected Property or has had it inspected, Purchaser
reserves the right to conduct a final walk-through just prior to closing, which shall be for the sole purpose of verifying Property
condition and status of repairs. In addition to the above repairs, Seller covenants to make the following specific repairs [If
None, Print "None" In The Space Below]:
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