3 Standard Subject To Contract Assignment Addendum
3 Standard Subject To Contract Assignment Addendum
This is an addendum made on the __________ of__________________________________ by
____________________________________ (“Assignee”) in consideration
for______________________________________ (“Assignor”) agreeing to assign all their rights
and interest to the Purchase Agreement dated ___________________ for the “Property”
located at _______________________________________________________, with a legal description
of ____________________________________________ in exchange for Assignee agreeing to be
responsible for and accepting to pay Assignor an assignment fee of
_______________________________________ and 00/100 Dollars ($____________.00) on or before
the closing or settlement date. If the assignment is paid at closing, this fee shall be
made out to Assignor on the HUD settlement statement. Further, Assignee agrees to
pay a NONREFUNDABE deposit to Assignor due at the execution of this Assignment
of ________________________________________ and 00/100 Dollars ($____________.00) which is
refundable ONLY if title is not clear and conveyable. The deposit is a credit towards
the Assignment Fee.
The parties acknowledge that Assignee is agreeing to all terms, clauses, and
conditions of the Purchase Agreement and by executing below is agreeing to be
liable for any and all of Assignor’s obligations and liabilities in the Purchase
Agreement. Further, Assignee hereby agrees to indemnify and hold Assignor
harmless from any claim, fee, expense, costs, demand, obligation, liability, or
obligation related to this Assignment, the original Purchase Agreement, the Property
or this matter.
Assignee hereby agrees to close on the Property per the original Purchase
Agreement on or before ________________________. If Assignee doesn’t close by this date,
Assignor shall have the right in their sole discretion to terminate this Agreement,
assign the Purchase Agreement to a third party, purchase the property, and take
legal action against Assignee for any and all damages or liability this causes.
Further, Assignee agrees to forfeit the Ernest Money Deposit to Assignor. Should
Assignor fail to act timely and take the above actions, the parties agree that Assignor
retains and is NOT waiving said rights.
NOTE: The Purchase Agreement is a subject to transaction, Assignee is purchasing
the property subject to the existing liens on the property and understands and is
fully aware of what this means, including being aware of all of their liabilities and
consequences they may incur by purchasing a subject to. This may include, but is
not limited to the Lender calling in the Note, charging fees, or foreclosing. Further,
the parties acknowledge that Assignor at this time does not know the exact balance
of the subject to loan, is not guaranteeing the balance and Assignee agrees that they
have done the necessary due diligence, understands all facts and agree this
agreement and hold the Assignor harmless from any claims, damages, liability,
obligation, fee, costs, or expense in regards to this matter.
This addendum super cedes all the other addendums written before this date.
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AGREED AND ACCEPTED:
Assignor
____________________________________________________ Date: ______________:
Assignee
_____________________________________________________ Date: ______________