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<br />Commercial Unimproved Contract Conceming OLD MARTINDALE ROAD, SAN MARCuS, TX 78666 <br /> <br />B. At closing, Seller will deliver, at Seller's expense, a IXl general 0 special warranty deed. The deed must include a vendor's <br />lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no <br />exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property <br />at closing: <br />(1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price <br />unless securing loans Buyer assumes; <br />(2) without any assumed loans in default; and <br />(3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants <br />under the written leases assigned to Buyer under this contract. <br /> <br />C. At closing, Seller, at Seller's expense, will also deliver: <br />(1) tax statements showing no delinquent taxes on the Property; <br />(2) an assignment of all leases to or on the Property; <br />(3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; <br />(4) evidence that the person executing this contract is legally capable and authorized to bind Seller; and <br />(5) any notices, statements, certificates, or other documents required by this contract or law necessary to convey the <br />Property, all of which must be completed by Seller as necessary. <br /> <br />D. At closing, Buyer will: <br />(1) pay the sales price in good funds acceptable to the escrow agent; <br />(2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; and <br />(3) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to <br />close the sale. <br /> <br />E. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State <br />Bar of Texas Real Estate Forms Manual without any additional clauses. <br /> <br />10. POSSESSION: Seller will deliver possession of the Property to Buyer on AT CLOSING AND FUNDING <br />in its present or required repaired condition, ordinary wear and tear excepted. Until closing, Seller will operate the Property in the <br />same manner as on the effective date. Any possession by Buyer before closing or by Seller after closing that is not authorized by <br />a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. <br /> <br />SPECIAL PROVISIONS: (Identify exhibit if special provisions are contained in an attachment.) <br />1. CLOSING WILL BE WITHIN 15 DAYS AFTER THE BUYER RECEIVES THE COMPLETED <br />FEASABILITY STUDY. <br /> <br />2. THE PROPERTY IS CURRENTLY UNDER AN AGRICULTURAL LEASE UNTIL OCTOBER 21, <br />2002. <br /> <br />3. PLEASE SEE THE ATTACHMENT FOR A 1031 EXCHANGE. <br /> <br />Initialed for Identification by Buyer_ ,_ and seller~_ <br /> <br />(TAR-1802) 11-5-99 <br /> <br />Produced With ZipFonn no by RE FonnsNet. LLC 18025 Fifteen Mtle Road. Clinton Township. Michigan 48035, (800) 383-9805 <br /> <br />Page 5 of 9 <br />T6415804ZFX <br />