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Res 2002-044
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Res 2002-044
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6/23/2006 10:02:53 AM
Creation date
6/23/2006 10:02:28 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2002-44
Date
3/4/2002
Volume Book
146
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<br />Commercial Unimproved Contract Concerning OLD MARTINDALE ROAD, SAN MARCOS , TX 78666 <br /> <br />(c) If the sales price is adjusted by more than 10% of the stated sales price, either party may terminate this contract by <br />providing written notice to the other party within 7 days after the terminating party receives the survey. If <br />neither party terminates this contract or if the variance is 10% or less, the adjustment to the sales price will be made <br />to the cash portion of the sales price payable by Buyer. <br /> <br />4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: (Check all that apply.) <br /> <br />o A. Third Partv Financino: A third party note(s) in the total amount of <br /> <br />. This contract: <br /> <br />o (1) is !lQ1.contingent upon Buyer obtaining third party financing. <br /> <br />o (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Financing Addendum. <br /> <br />o B. Assumotion: In accordance with the attached Financing Addendum, Buyer will assume the unpaid principal balance of the first <br />lien promissory note, which balance at closing will be $ <br /> <br />o C. Seller Financino: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached <br />Financing Addendum in the amount of $ <br /> <br />5. EARNEST MONEY: Not later than 3 days after the effective date, Buyer must deposit $ 10,000.00 as earnest <br />money with Hays County Abstract Co~any (escrow agent) at <br />111 NORTH GUADALUPE SAN MARCOS, TX (escrow agent's address). <br />If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before <br />Buyer deposits the earnest money. Buyer may instruct the escrow agent to deposit the earnest money in an interest-bearing <br />account at a federally insured financial institution and to credit any interest to Buyer. <br /> <br />6. TITLE POUCY AND SURVEY: <br /> <br />A. Title Policv: <br /> <br />(1) SeHer, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by <br />HAYS COUNTY ABSTRACT COMPANY (the title company) in the amount of the sales price, dated <br />at or after closing, insuring Buyer against loss under the title policy, subject only to: <br />(a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and <br />(b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides <br />otherwise. <br /> <br />(2) The standard printed exception as to area boundaries: (Check (a) or (b) only.) <br /> <br />IX] (a) will not be deleted from the title policy. <br />o (b) will be deleted from the title policy at the expense of 0 Buyer 0 Seller. <br /> <br />(3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 6C. <br /> <br />(4) Within 15 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) <br />including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver <br />the commitment and related documents to Buyer at Buyer's address. <br /> <br />B. Survey: <br /> <br />(1) Within <br /> <br />45 <br /> <br />days after the effective date: (Check all that apply.) <br /> <br />IX] (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. <br /> <br />o (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. <br /> <br />o (c) Seller will deliver a true and correct copy of Seliers eXisting survey of the Property dated <br />Seller, at Seller's expense: <br /> <br />o (i) will have the existing survey recertified on a date not earlier than <br /> <br />o (ii) will not have the existing survey recertified. <br /> <br />Initialed for Identification by Buyer _, _ and sellerCLQ;j , <br /> <br />(TAR-1802) 11-5-99 <br /> <br />Produced With ZipFonn no by RE FonnsNet. LLC 18025 Fifteen Mile Road. Clinton Townsnip. Michigan 48035. (800) 383-9805 <br /> <br />Page 2 of9 <br />f6415W4.ZFX <br />
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