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<br />:{f:~?' . ," <br />7_/~-a::i"- <br />" 03- <br />30. <br />1,12Ac <br /> <br />&; <br /> <br />106. <br />Bk Vol P9 <br />05020199 OPR 2726 50S <br /> <br />NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY <br />REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS <br />INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR <br />SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. <br /> <br />DONATION SPECIAL WARRANTY DEED <br /> <br />DATE: July 15, 2005 <br /> <br />GRANTOR: GILMORE-AUSTEX PROPERTIES, LTD., acting herein by and through <br />GILMORE AUSTEX, LLC, its General Partner <br /> <br />GRANTOR'S MAILING ADDRESS: <br /> <br />400 West Hopkins, Suite 200 <br />San Marcos, Texas 78666 <br /> <br />GRANTEE: CITY OF SAN MARCOS, TEXAS, a Texas municipal corporation <br /> <br />GRANTEE'S MAILING ADDRESS: <br /> <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br />Consideration: <br /> <br />TEN AND NO/100 DOLLARS ($10.00) and other good and valuable <br />consideration. <br /> <br />Property (including any improvements): <br /> <br />Being 5.00 acres of land, more or less, out of the J. M. VERAMENDI Survey No.1, in <br />Hays County, Texas, being more particularly described in Exhibit "A" attached hereto <br />(the "Property"). <br /> <br />Repurchase Option: Grantor hereby reserves a one time right and privilege to repurchase the <br />Property for the Repurchase Price (as defined herein) (said right and privilege being herein <br />referenced to as the "Repurchase Option") in accordance with, and subject to and conditioned <br />upon Grantor's strict compliance with, the following terms, in the event (and only in the event) a <br />Repurchase Option Termination Event has not occurred on or before January 1, 2008 (the <br />"Trigger Date"): <br /> <br />(i) Should a Repurchase Option Termination Event not have occurred on or before <br />the Trigger Date, Grantor must, on or before February 1, 2008 (a) notify Grantee <br />and the beneficiary of record under each deed of trust then filed of record against <br />the Property, in writing, that Grantor is exercising said Repurchase Option; and <br />(b) record a copy of such written notice in the Real Property Records of Hays <br />