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<br />Commercial Unimproved Contract Concerning 33. 34 acres <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 _ days after the terminating party receives the survey. If neither <br />party terminates this contract or if the variance is 10% or less, the adjustment to the sales price will be made to the <br />cash portion of the sales price payable by Buyer. <br /> <br />FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follo'NS: (Check all that apply.; <br /> <br />o A Third PartY Financlna: A third party note(s) in the total amount of $ <br /> <br />. This contract: <br /> <br />o (1) is not 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. hsumPtion: In accordance with the attached Rnancing 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 Financina: 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 $ 50,000.00 as earnest money <br />with Havs Countv Jib.tract (escrow agent) at <br />(escrow agent's address). <br />If Buyer fafls 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) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the tiUe policy) issued by <br />Hays Coun1rY Abstract (the title company) in the amount of the sales price, dated at or after <br />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 />othe~se. <br /> <br />(2) The standard printed exception as to area boundaries: (Check (a) or (b) only.) <br /> <br />IKl (a) will not be deleted from the title policy. <br /> <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) VVithin.......!.!L- 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 exception". $$\Ier authorizes the tille company to deliver <br />the commitment and related documents to Buyer at Buyer's address. <br /> <br />B. Surve\{: <br />(1) Within <br /> <br />30 <br /> <br />days after the effective date: (Chec/( all that apply.) <br /> <br />o (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. <br />III (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. <br />o {c} Seller will deliver a true and correct copy of Seller's exi$ting 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) <br /> <br />will not have the existing survey recertified. f) r 4/1/ <br /> <br /> <br />Initialed for Identification by Buyer -.l#-. and Seller ~ <br /> <br />TAR, P.O. Box 2246, Austin, TX 78768-2246 <br />Pradueed ~ ZlflForm1M by fIE FormsNet, u.c 10025 Fifteen Mite Road, Clin1X>n T ownshlp, Michigan 48035, (800) 383-9605 <br /> <br />Page 2 of9 <br />T6200424.ZFX <br /> <br />(TAR-1802) 11-5-99 <br />