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RESERVE FUND Monies set aside as a cushion of capital for future payment of items such as taxes, insurance, furniture replacement, deferred maintenance, etc.; sometimes referred to as an impound account. NONCONFORMING USE A permitted use which was lawfully established and maintained but which no longer conforms to the current use regulations because of a change in the zoning. NET WORTH The value remaining after deducting liabilities from assets. MECHANIC'S LIEN A statutory lien created in favor of materialmen and mechanics to secure payment for materials supplied and services rendered in the improvement, repair or maintenance of real property. SECURITY AGREEMENT A security document which creates a lien upon chattels, including chattels intended to be affixed to land as fixtures; known as a chattel mortgage prior to the adoption of the Uniform Commercial Code. ENTIRETY, TENANCY BY A form of joint ownership of property between husband and wife with the right of survivorship. REFINANCE The act of obtaining a new loan to pay off an existing loan; the process of paying off one loan with the proceeds from another. BULK TRANSFERS Any transfer in bulk, and not in the ordinary course of the seller's business, of a major part of the materials, inventory or supplies of an enterprise. FRAUD Any form of deceit, trickery, breach of confidence or misrepresentation by which one party attempts to gain some unfair or dishonest advantage over another. NOTE A document signed by the borrower of a loan, stating the loan amount, the interest rate, the time and method of repayment and the obligation to repay. The note is the evidence of the debt. When secured by a mortgage, it is called a mortgage note. WAREHOUSE A building used to store merchandise and other materials or equipment. TENANCY AT SUFFERANCE A tenancy which exists when a tenant wrongfully holds over after the expiration of a lease, without the landlord's consent, as where the tenant fails to surrender possession after termination of the lease. YIELD The return on an investment or the amount of profit, stated as a percentage of the amount invested. NEGOTIATION The transaction of business aimed at reaching a meeting of minds among the parties; bargaining. TITLE SEARCH Examination of municipal records to ensure that the seller is the legal owner of a property and that there are no liens or other claims against the property. STANDING LOAN A commitment by the interim or construction lender to keep the money already funded in the project for a specified period of time after the expiration of the interim loan, usually until permanent take-out financing is secured. PROPERTY REPORT A disclosure document required under the federal interstate land sales act where applicable to the interstate sale of subdivided lots. DEED A written instrument by which a property owner "grantor" transfers to a "grantee" an ownership in real property. COMMON ELEMENTS Parts of the property which are necessary or convenient to the existence, maintenance and safety of the condominium, or are normally in common use by all of the condominium residents. AGREEMENT OF SALE Contract signed by buyer and seller stating the terms and conditions under which a property will be sold. LEASEHOLD A less-than-freehold estate which a tenant possesses in real property. COMMON WALL A wall separating two living units. ENCUMBRANCE Any claim, lien, charge or liability attached to and binding upon real property which may lessen the value of the property but will not necessarily prevent transfer of title. |
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