OCCUPANCY AGREEMENT FOR SELLER IN POSSESSION
AFTER CLOSING
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THIS AGREEMENT, made on *, by and between * and *, residing
referred
ing at *, *, hereafter
he
uyers
o as "Buyers".
to as "Sellers" and *, residing at *, *, hereinafter referred to
RECITALS
CITALS
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WHEREAS, the Sellers are
re presently the owners of *, *; and
nd Sellers have contracted for the purchase
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and sale *, *; and
WHEREAS, the Buyers and
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HERE , said
aid purchase and sale contract provides
prov s for poss
HEREAS
provide
WHEREAS,
possession to be given on or before
fer of title; and
nsfer
transfer
WHEREAS
WHEREAS,, the parties have agreed that the Sellers will convey title to the premises to the
conforma
Buyers inn conformance
with the said contract; and
HEREA the parties have agreed that the Sellers may retain possession after the closing of
WHEREAS,
the sale as hereinafter provided;
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her good and valuable
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NOW, THEREFORE, in consideration of the premises and other
cerning the occupancy of *,
ellers, concerning
consideration, the following is agreed between the Buyers and Sellers,
*:
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nce on the date of closing and shall
sha terminate on *
A. The term of this Agreement shall commence
at 12:00 noon.
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nless otherwise agreed by the parties, Sellers shall vaca
vac
B. Unless
vacate
the premises upon the
eve off their fa
n of the Agreement term and in the event
termination
failure to do so Sellers agree that Buyers
emises and evict Sellers
Sell without
withou further notice and may bring summary eviction or
may enter thee premises
Orde and Sellers
arte Order
Selle will be responsible for reasonable attorney's fees, costs and
obtain an Ex Parte
disbursements for such eviction proceedings.
C. Sellers shall pay all utility charges up to and including the last day of possession.
D. The Sellers shall maintain and keep in repair the demised premises including both the
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ating, plastering, and
interior and exterior and all structural parts, fixtures, wiring, plumbing, heating,
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possessi
on of the property
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flooring therein, shrubbery, lawn and driveway, and upon delivery of possession
shall
fully conform to the terms of the contract herein.
ke any renovation, painting, remodeling
rem
ot to undertake
remode
E. Sellers specifically agree not
or
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d, in the event
por
alteration of the premises in any way and,
of the Agreement,
event of a breach of this portion
A
ee to pay, indemnify and hold the Buyers
Bu
the Sellers specifically
harmless
cifically agree
harmle against all damages,
S
s, liabilities and causes of action arising
ims,
arising by any reason
reas of undertaking any renovation,
claims,
deling or alteration of the premises.
premi
remodeling
odeling
F. The Sellers shall pay to the Buyers daily rent of an amount equal to the Buyer's monthly
mortgage payment adjuste
adjusted to a per diem amount to include principal, interest, escrows, insurance and
taxes commencing on the first day of possession and including the last full or partial day of
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possession.
erty shall be computed
operty
compute as of
G. Tax adjustments due at closing and transfer of title on this property
the date of closing and transfer of the property.
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s' attorney as a deposit to insure that
th the
scrow by Buyers'
H. The amount of $* will be held in escrow
ondition
ition as when the property was examined
ex
at th
premises are maintained and left in the same cond
condition
the time
ure compliance with all the terms of this
thi Agreem
er and to insure
of the purchase offer
Agreement.
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he Buyers and Sellers shall fully insure their
thei interests as they may appear in the premises
I. The
ds and liability during the term of this Agr
rds
for all hazards
Agreement.
p indemnify and hold the Buyers harmless against any and all claims,
J. The Sellers will pay,
y's fees and causes
c
damages, attorney's
of action for damages arising during the term of their possession
of the property and will indemnify the Buyers from all such suits, orders or decrees and judgments,
including attorney's fees, entered therein brought on account of injury to the person or property, or
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whi is the subject
loss of life sustained by the use and occupancy of the premises described hereinn which
of this Agreement.
K. Sellers release and absolve the Buyers from
the property
om
m liability forr loss or damage to th
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hether same be caused by the careless
care
gardless off whether
caused by fire or any other casualty, regardless
carelessness or
ts, servants
furth waive an
llers's agents,
servants or employees, and further
negligence of Sellers or Sellers's
any rights of
nce carrier or carriers
carrie against Buyers,
Buye the Buyers'
Buy
subrogation of their insurance
agents, servants or
S
oyees, for any such loss or damage to the property.
pro
ployees,
employees,
th right to inspect
in
L. Sellers give the Buyers the
the premises at reasonable times and upon
ble notice and agree to maintain
able
maintai the real property and personal property that is the subject of
reasonable
ase and Sale Co
the Purchase
Contract between the parties in good condition.
M. It is understood and agreed that this Agreement constitutes the only Agreement between
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nt or prio
the parties relative to the leasing of the demised premises and that no oral statement
prior written
statement shall have any force or effect with regards to said Agreement.. This Agreement shall not be
to.
modified except in writing subscribed by the parties hereto.
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miting either parties' right to insist upon
N. Nothing herein contained shall be interpreted as limiting
wh Buyer may
act, or any other legal or equitable remedy to which
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specific performance of the contract,
ers' failure to complete the contract.
entitled in the event of the Sellers'
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N WITNESS WHEREOF, Buyers and Sellers signed and sealed this Agreement as of the
IN
arr first above written.
date and year
*
*
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*
*
STATE OF NEW YORK)
COUNTY OF *) ss.:
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ore me, the undersigned, personally appeared *, personally
ar 200* before
On the * day of * in the year
ed to be on the basis of satisfactory
satisfactory evidence to be the individual(s)
ind
known to me or proved
whose
ack
name(s) is (are)) subscribedd to the within instrument and acknowledged
to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/
his/her/their signature(s) on the
ment, the individual(s), or the person upon behalf
be lf of which
ch the individual(s) acted, executed the
trument,
beha
instrument,
umen
trument.
instrument.
S
___________
____________________
__________________________
Y PUBLIC
NOTARY
STATE OF NEW YORK)
COUNTY OF *) ss.:
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ally appeared *, pers
onally
On the * day of * in the year 2001 before me, the undersigned, personally
personally
ence to be the individual(s) whose
w
known to me or proved to be on the basis of satisfactory evidence
he/she/
nd acknowledgedd to me that he/she/t
name(s) is (are) subscribed to the within instrument and
he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on tthe
ich the individual(s) acted, executed
execut th
on behalf of which
instrument, the individual(s), or the person upon
the
instrument.
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__________________________
BLIC
NOTARY PUBLIC
S