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Assignment for Deed

This Assignment for Deed template is used when a buyer (assignor) transfers their interest in an existing land installment contract (deed of trust or contract for deed) to another buyer (assignee). This typically occurs when the original buyer wishes to exit the contract and a new buyer is willing to take over the remaining payments and terms.

Updated 15d ago
assignmentdeedfinancingreal estatecontractSouthern Africa

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

ASSIGNMENT FOR DEED

This Assignment for Deed (hereinafter referred to as "Agreement") is made and entered into this {{day}} day of {{month}}, {{year}}, by and between:

Assignor: {{assignor_name}}, a company duly incorporated and registered under the laws of {{assignor_jurisdiction}}, with its principal place of business at {{assignor_address}} (hereinafter referred to as "Assignor").

Assignee: {{assignee_name}}, a company duly incorporated and registered under the laws of {{assignee_jurisdiction}}, with its principal place of business at {{assignee_address}} (hereinafter referred to as "Assignee").

Original Seller: {{original_seller_name}}, a company duly incorporated and registered under the laws of {{original_seller_jurisdiction}}, with its principal place of business at {{original_seller_address}} (hereinafter referred to as "Original Seller").

RECITAL

WHEREAS, the Assignor and the Original Seller entered into a certain Land Installment Contract (hereinafter referred to as "Original Contract") dated {{original_contract_date}} for the sale and purchase of the property legally described as: {{property_legal_description}} (hereinafter referred to as "the Property").

WHEREAS, the Assignor desires to assign all their rights, title, and interest in and to the Original Contract to the Assignee.

WHEREAS, the Assignee desires to accept such assignment and assume all obligations of the Assignor under the Original Contract.

ASSIGNMENT

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Assignor hereby assigns, transfers, and sets over unto the Assignee all of the Assignor's right, title, and interest in and to the Original Contract, including all rights to the Property and all payments made thereunder.

ASSUMPTION OF OBLIGATIONS

The Assignee hereby assumes and agrees to perform all covenants, obligations, and conditions required of the Assignor under the Original Contract, with effect from the date of this Agreement. The Assignee further agrees to indemnify and hold harmless the Assignor from any and all claims, liabilities, and expenses arising from the Original Contract subsequent to the date of this Agreement.

REPRESENTATIONS AND WARRANTIES OF ASSIGNOR

The Assignor represents and warrants to the Assignee that:

a. The Original Contract is in full force and effect and has not been modified or amended except as attached hereto.

b. The Assignor has made all payments due and performed all obligations required under the Original Contract up to the date of this Assignment.

c. The Assignor has good and marketable title to their interest in the Original Contract.

d. There are no outstanding defaults or breaches by the Assignor under the Original Contract.

e. The Assignor has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.

PURCHASE PRICE AND PAYMENT

In consideration for this Assignment, the Assignee shall pay to the Assignor the sum of {{assignment_purchase_price}} ({{currency}}).

Payment Schedule:

a. An initial payment of {{initial_payment_amount}} ({{currency}}) upon the execution of this Agreement.

b. The remaining balance of {{remaining_balance_amount}} ({{currency}}) shall be paid in {{number_of_payments}} installments of {{installment_amount}} ({{currency}}) each, commencing on {{first_installment_date}} and continuing on the {{payment_day}} day of each subsequent {{payment_frequency}} until paid in full.

All payments shall be made by {{payment_method}} to {{assignor_bank_details}} or such other account as the Assignor may from time to time designate in writing.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.

SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Assignment for Deed as of the day and year first above written.

___________________________

Assignor: {{assignor_name}}

By: ________________________

Name: {{assignor_signatory_name}}

Title: {{assignor_signatory_title}}

___________________________

Assignee: {{assignee_name}}

By: ________________________

Name: {{assignee_signatory_name}}

Title: {{assignee_signatory_title}}

___________________________

Original Seller: {{original_seller_name}}

By: ________________________

Name: {{original_seller_signatory_name}}

Title: {{original_seller_signatory_title}}

Witnesses:

1. ___________________________

Name: {{witness_1_name}}

ID Number: {{witness_1_id}}

2. ___________________________

Name: {{witness_2_name}}

ID Number: {{witness_2_id}}

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