Melanie entered into a deal to buy an apartment in New York, which included a provision that stated if Melanie could not secure a mortgage commitment by a certain date, the deal was voided at her down payment of $130,000 should be returned if Melanie fails to secure mortgage by the stated date, the contract of the sale department is discharged by a condition, subsequent discharged by objective impossibility, discharged by condition precedent Not discharged and she is still bound