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$2, <br /> <br />EARNEST MONEY CONTRACT <br /> <br />This Contract is made between the City of San Marcos, a Texas municipal corporation (the Buyer) <br />and Jack W.' Weatherford (the Seller). <br /> <br />PURCHASE AND SALE OF PROPERTY. Seller agrees to sell and convey fee simple <br />rights to, and Buyer agrees to purchase, the following real property (the Property) under the <br />terms and conditions oft his Contract: <br /> <br />0.801 acres, more or less, of land area in the Elij ah Clark Survey No. 11, Abstract No. <br />82, City of San Marcos, Hays County, Texas, and being a portion of that tract <br />described as 41.42 acres in a Deed from Walter Huffmeyer et al to Jack Weatherford <br />dated July 14, 1961 and recorded in Volume 187 Page 217 of the Hays County Deed <br />Records and being more fully described in the attached Exhibit "A" <br /> <br />o <br /> <br />o <br /> <br />together with any improvements, fixtures and appurtenances on or to the Property. <br /> <br />SALES PRICE. The Sales Price shall be $154,833.00. The Sales Price includes the Earnest <br />Money, and is payable in full in cash at closing. <br /> <br />EARNEST MONEY. The Buyer will deposit with The Hays County Abstract Company <br />(the "Title Company") the amount of $100.00 (the "Earnest Money") within five business <br />days after execution of this Contract by the Seller and the Buyer. If this transaction is <br />consummated, the Earnest Money will be credited against the Purchase Price at closing. If <br />this transaction is not consummated, the Earnest Money will be held and delivered by the <br />Title Company in accordance with this Contract. The Title Company will deposit the Earnest <br />Money into an account that bears interest, is federally insured, and has no early withdrawal <br />penalty, at a bank or savings and loan located in Hays County, Texas. <br /> <br />CONDITION OF PROPERTY. It is understood and agreed that the Property is being sold <br />and conveyed by the Seller, and purchased and accepted by the Buyer, "AS IS", "WHERE <br />IS', with all faults, in its existing form, state and condition, without recourse against the <br />Seller, except for the warranty of title contained in the Seller's deed. <br /> <br />TITLE COMMITMENT. Within 30 days after the effective date of this Contract, the <br />Seller will cause the Title Company to deliver the following to the Buyer at the Buyer's <br />expense: <br /> <br />An updated title commitment (the "Title Commitment") covering the Property <br />binding the Title Company to issue a Texas Owner's Policy of Title Insurance on the <br />standard form prescribed by the Texas State Board of Insurance at the closing in the <br />full amount of the Sales Price, subject only to the exceptions approved by the Buyer <br /> <br /> <br />