Real Estate eRecording Document

Real Estate eRecording Document

This Real Estate eRecording Agreement (the Agreement) is entered into on Date: by and between Service Provider Name: and Client Name: .

RECITALS

WHEREAS, Service Provider is engaged in the business of electronically preparing, submitting and managing transmission of instruments, documents and associated fees for recording with county recording authorities by electronic means; and

WHEREAS, Client requests that Service Provider submit certain real estate instruments for electronic recording on Client's behalf, and Service Provider is willing to perform such services pursuant to the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows.

SCOPE OF WORK

Service Provider will prepare, transmit and follow up on electronic submissions of the real estate documents identified by Client for recording with the designated recording authority. Services include document formatting, fee remittance to recording authority, proof of recording retrieval where available, and return or delivery per the instructions below.

PAYMENT TERMS

Client shall pay Service Provider for eRecording services as set forth below. All fees due to third-party recording authorities, courier fees and other out-of-pocket expenses incurred by Service Provider in performing services under this Agreement are the responsibility of the Client unless otherwise agreed in writing.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Upon termination, Client shall pay Service Provider for services rendered and reimbursable expenses incurred through the effective date of termination.

CONFIDENTIALITY

Each party shall treat as confidential all non-public business and technical information disclosed by the other party in connection with this Agreement and shall not disclose such information to any third party except as necessary for performance under this Agreement or as required by law. Confidential information does not include information that is publicly available through no fault of the receiving party or that is independently developed without use of the disclosing party's confidential information.

eRECORDING SPECIFICS

The following information identifies the property and recording parameters for documents submitted under this Agreement.

Deed Mortgage Assignment Release Other

RECORDING INSTRUCTIONS

Delivery preference: Electronic copy Hard copy by mail

Fee responsibility: Client pays recording and courier fees Provider pays (per separate arrangement)

AUTHORIZATION AND CERTIFICATION

Client authorizes Service Provider to electronically submit the documents identified herein to the designated recording authority and to remit recording fees and associated costs on Client's behalf. Client certifies that the documents submitted for recording are true, correct, complete and signed by authorized signatories, and that Client has authority to record such instruments against the subject property.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, representations and understandings, whether written or oral. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

ADDITIONAL PROVISIONS

Liability: Service Provider's liability for damages arising from or related to this Agreement shall be limited to actual direct damages and in no event shall Service Provider be liable for consequential, special or punitive damages. Client acknowledges that not all recording authorities provide immediate proof of recording and that Service Provider's ability to obtain recorded documents is subject to third-party practices and timelines.

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