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Contract Concerning 176.6 +1- ac 2701 SH 21 San Marcos Page 2 of 11 11-10-2020
<br />(Address of Property)
<br />❑ (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases.
<br />❑ (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases, Seller shall
<br />provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective
<br />Date. Buyer may terminate the contract within days after the date the Buyer
<br />receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer.
<br />5. EARNEST MONEY AND TERMINATION OPTION:
<br />A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer
<br />must deliver to San Marcos Title Company , as escrow agent, at 100 E. San
<br />Antonio Ste. 101 San Marcos TX 76666 (address): $44,900.00 as earnest
<br />money and $ 5,000.00 as the Option Fee. The earnest money and Option Fee shall
<br />be made payable to escrow agent and may be paid separately or combined in a single payment.
<br />(1) Buyer shall deliver additional earnest money of $ to escrow agent within
<br />days after the Effective Date of this contract.
<br />(2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money
<br />falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option
<br />Fee, or the additional earnest money, as applicable, is extended until the end of the next day
<br />that is not a Saturday, Sunday, or legal holiday.
<br />(3) The amount(s) escrow agent receives under this paragraph shall be applied first to the
<br />Option Fee, then to the earnest money, and then to the additional earnest money.
<br />(4) Buyer authorizes escrow agent to release and deliver the Option Fee to Seller at any time
<br />without further notice to or consent from Buyer, and releases escrow agent from liability for
<br />delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at
<br />closing.
<br />B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges,
<br />and Buyer's agreement to pay the Option Fee within the time required, Seiler grants Buyer the
<br />unrestricted right to terminate this contract by giving notice of termination to Seller within
<br />30 days after the Effective Date of this contract (Option Period). Notices under this
<br />paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date
<br />specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will
<br />not be refunded and escrow agent shall release any Option Fee remaining with escrow agent to
<br />Seller; and (ii) any earnest money will be refunded to Buyer.
<br />C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money
<br />within the time required, Seller may terminate this contract or exercise Seller's remedies under
<br />Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money.
<br />D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if
<br />Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the
<br />unrestricted right to terminate this contract under this Paragraph 5.
<br />E. TIME: Time is of the essence for this paragraph and strict compliance with the time for
<br />performance is required.
<br />6. TITLE POLICY AND SURVEY:
<br />A. TITLE POLICY: Seller shall furnish to Buyer at ❑X Seller's ❑ Buyer's expense an owner policy
<br />of title insurance (Title Policy) issued by: San Marcos Title Co. (Title Company)
<br />in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the
<br />provisions of the Title Policy, subject to the promulgated exclusions (including existing building
<br />and zoning ordinances) and the following exceptions:
<br />(1) The standard printed exception for standby fees, taxes and assessments,
<br />(2) Liens created as part of the financing described in Paragraph 3.
<br />(3) Reservations or exceptions otherwise permitted by this contract or as may be approved by
<br />Buyer in writing.
<br />(4) The standard printed exception as to marital rights.
<br />(5) The standard printed exception as to waters, tidelands, beaches, streams, and related
<br />matters.
<br />(6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines,
<br />encroachments or protrusions, or overlapping improvements:
<br />(i) will not be amended or deleted from the title policy; or
<br />X (ii) will be amended to read, "shortages in area" at the expense of ❑ Buyer. Q Seller.
<br />(7) The exception or exclusion regarding minerals approved by the Texas Department of
<br />Insurance.
<br />B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
<br />shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense,
<br />legible copies of restrictive covenants and documents evidencing exceptions in the Commitment
<br />(Exception Documents) other than the standard printed exceptions. Seller authorizes the Title
<br />Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address
<br />shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to
<br />Buyer within the specified time, the time for delivery will be automatically extended up to 15
<br />days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception
<br />Documents are not delivered within the time required, Buyer may terminate this contract and
<br />the earnest money will be refunded to Buyer.
<br />TXR 1701 Initialed for identification by Buyer and Seller TREC NO. 25-13
<br />Produced with Lone Wolf Transactions (ApForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com QCCC LTD
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