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Seller Financing Addendum Form. This is a Texas form and can be use in Texas Real Estate Commission Statewide.
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Tags: Seller Financing Addendum, 26-5, Texas Statewide, Texas Real Estate Commission
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
12-04-06
EQUAL HOUSING
OPPORTUNITY
SELLER FINANCING ADDENDUM
TO CONTRACT CONCERNING THE PROPERTY AT
(Address of Property)
A. CREDIT DOCUMENTATION. To establish Buyer's creditworthiness, Buyer shall deliver to
Seller within
days after the effective date of this contract,
credit report
verification of employment, including salary
verification of funds on deposit in financial
institutions
current financial statement and
.
Buyer hereby authorizes any credit reporting agency to furnish copies of Buyer's credit reports
to Seller at Buyer's sole expense.
B. CREDIT APPROVAL. If the credit documentation described in Paragraph A is not delivered
within the specified time, Seller may terminate this contract by notice to Buyer within 7 days
after expiration of the time for delivery, and the earnest money will be paid to Seller. If the
credit documentation is timely delivered, and Seller determines in Seller's sole discretion that
Buyer's credit is unacceptable, Seller may terminate this contract by notice to Buyer within 7
days after expiration of the time for delivery and the earnest money will be refunded to Buyer. If
Seller does not terminate this contract, Seller will be deemed to have approved Buyer's
creditworthiness.
C. PROMISSORY NOTE. The promissory note (Note) described in Paragraph 4 of this contract
payable by Buyer to the order of Seller will bear interest at the rate of
% per annum and
be payable at the place designated by Seller. Buyer may prepay the Note in whole or in part
at any time without penalty. Any prepayments are to be applied to the payment of the
installments of principal last maturing and interest will immediately cease on the prepaid
principal. The Note will contain a provision for payment of a late fee of 5% of any installment
not paid within 10 days of the due date. Matured unpaid amounts will bear interest at the rate of
1½% per month or at the highest lawful rate, whichever is less. The Note will be payable as
follows:
(1) In one payment due
with interest payable
at maturity
(2) In monthly installments of $
one box only) beginning
monthly thereafter for
payable.
monthly
after the date of the Note
quarterly. (check one box only)
including interest plus interest (check
after the date of the Note and continuing
months when the balance of the Note will be due and
(3) Interest only in monthly installments for the first
month(s) and thereafter in
installments of $
including interest
plus interest (check one box
only) beginning
after the date of the Note and continuing monthly
thereafter for
months when the balance of the Note will be due and payable.
D. DEED OF TRUST. The deed of trust securing the Note will provide for the following:
(1) PROPERTY TRANSFERS: (check one box only)
(a) Consent Not Required: The Property may be sold, conveyed or leased without the
consent of Seller, provided any subsequent buyer assumes the Note.
(b) Consent Required: If all or any part of the Property is sold, conveyed, leased for a
period longer than 3 years, leased with an option to purchase, or otherwise sold
(including any contract for deed), without Seller's prior written consent, which consent
may be withheld in Seller's sole discretion, Seller may declare the balance of the Note
Initialed for identification by Buyer
and Seller
TREC NO. 26-5
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Seller Financing Addendum Concerning
Page 2 of 2 12-04-06
(Address of Property)
to be immediately due and payable. The creation of a subordinate lien, any conveyance
under threat or order of condemnation, any deed solely between buyers, or the passage of
title by reason of the death of a buyer or by operation of law will not entitle Seller to
exercise the remedies provided in this paragraph.
NOTE: Under (a) or (b), Buyer's liability to pay the Note will continue unless Buyer obtains a
release of liability from Seller.
(2) TAX AND INSURANCE ESCROW: (check one box only)
(a) Escrow Not Required: Buyer shall furnish Seller, before each year's ad valorem taxes
become delinquent, evidence that all ad valorem taxes on the Property have been paid.
Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as
a mortgagee loss payee.
(b) Escrow Required: With each installment Buyer shall deposit in escrow with Seller a pro rata
part of the estimated annual ad valorem taxes and casualty insurance premiums for the
Property. Buyer shall pay any deficiency within 30 days after notice from Seller. Buyer's
failure to pay the deficiency will be a default under the deed of trust. Buyer is not required
to deposit any escrow payments for taxes and insurance that are deposited with a superior
lienholder. The casualty insurance must name Seller as a mortgagee loss payee.
(3) PRIOR LIENS: Any default under any lien superior to the lien securing the Note will be a default
under the deed of trust securing the Note.
Buyer
Seller
Buyer
Seller
The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved
or promulgated contract forms.
TREC forms are intended for use only by trained real estate licensees. No
representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not
intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC No. 26-5. This form replaces TREC No. 26-4.
TREC NO. 26-5
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