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Notice to perform (rntp)

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Page 1: Notice to perform (rntp)

Pursuant to the terms and conditions of the PRDS Real Estate Purchase Contract (“Contract”), regarding the real propertylocated at ___________________________________________________(“Property”), this Notice to Perform between the Seller and the Buyer is being sent by ______________________________________ (“Seller”) to ______________________________________ (“Buyer”).

CAUTION: Buyer’s failure or refusal to remove a contingency or to perform other contractual obligations within the time frames specified in the Contract shall make the Contract subject to cancellation by the Seller.

The Contract does not require delivery of a Notice to Perform to demand the close of escrow, and this Notice to Perform should not be used for that purpose. Any issues relating to the delay and/or failure to close escrow should be referred to independent legal counsel.

1. CONTINGENCIES: As specified in Paragraph 20 of the Contract, to enforce the Time Frames of the contingencies in the Contract, Seller shall first Deliver to Buyer a written Notice to Perform specifying that Buyer shall have two days to either remove each contingency identified below or cancel the Contract. If, however, the last day of that notice period is not a Business Day (as defined in Paragraph 25K of the Contract), Buyer shall have until the following Business Day to perform. A Notice to Perform may be Delivered to Buyer two or more days prior to the Time Frames. The Notice to Perform cannot be used by Seller to shorten the Time Frames specified for any contingency.

A. If checked here , Buyer shall remove all of Buyer’s contingencies in the Contract; ORB. Buyer shall remove the following contingencies, if checked:

Financing (Para. 8A) Common Interest Development (Para. 6C)Appraisal (Para. 8B) Sale of Buyer’s Property (Para. 6E)Property Condition (Para. 8C) ________________________________________________Lead Inspection (Para. 8D) ________________________________________________Title (Para. 8E) ________________________________________________

2. OTHER BUYER CONTRACTUAL OBLIGATIONS: Although Seller is not required by the Contract to deliver a Notice to Perform to enforce the Buyer’s contractual (non-contingency) obligations, Seller is giving this notice to Buyer to demand that Buyer perform the following obligations as specified in the Contract or Seller may cancel the Contract:

Buyer is to perform the following contractual obligations, if checked:

Deposit (Para. 2A) Sale of Buyer’s Property (Para. 6E)Additional Deposit (Para. 2B) Delivery to Seller of Signed Disclosure Documents (Para. 11)Provide to Seller lender’s or mortgage broker’s letter (Para. 2H) Signing Additional Escrow Instructions (Para 24A)Verification of Buyer’s funds (Para. 4) Signing Receipt for Increased Deposits (Para 26A)Common Interest Development (Para. 6C) ___________________________________________________

3. CONSEQUENCES OF BUYER’S FAILURE TO PERFORM: In the event Buyer fails to remove the specified contingency(ies) or perform the specified contractual obligations within two days after Delivery of this Notice to Perform or the date specified in the Contract for performance, whichever occurs later, Seller shall have the right to cancel the Contract.

The Delivery of this Notice to Perform shall not constitute a waiver of the “Time is of the Essence” provision in the Contract (see Paragraph 25K):

Date: ____________________ Seller: ________________________________________________________________________

Date: ____________________ Seller: ________________________________________________________________________

ACKNOWLEDGEMENT OF RECEIPT: This Notice to Perform was received by Buyer or Buyer’s agent on __________________ (Date). Delivery of this Notice to Perform is effective when it is received by Buyer or Buyer’s agent, whether or not acknowledged on this document. The signature below is solely intended to evidence the date that acknowledgment of receipt occurred.

Date: ____________________ Buyer: ________________________________________________________________________

Date: ____________________ Buyer: ________________________________________________________________________

Date: ____________________ Buyer’s Agent: ________________________________________________________________

PRDS® NOTICE TO PERFORM(Seller-to-Buyer) No. ____________

Revision Date 08/11

Copyright® 2011 Advanced Real Estate Solutions, Inc. Form RNTP Rev 08/11

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### Property Address, City, CA Zip CodeSeller 1/ Seller 2 Buyer 1/ Buyer 2

Seller 1

Seller 2

1/1/2013

Buyer 1

Buyer 2

Agent Name