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<br />198. <br /> <br />EARNEST MONEY CONTRACT <br /> <br />This Contract is made between the City of San Marcos, a Texas municipal corporation (the <br />"Buyer") and Albadelana Daniel, Individually (dealing in her separate property) and as Attorney-in- <br />Fact for Nawona Crenwelge (the "Seller"). <br /> <br />1. PURCHASE AND SALE OF PROPERTY. Seller agrees to sell and convey, and Buyer <br />agrees to purchase, the following real property (the "Property") under the terms and <br />conditions of this Contract: <br /> <br />Lots Three Hundred Twenty-two through Three Hundred Twenty-five (322 - 325), Block <br />Twenty-two (22), Westover Addition, City of San Marcos, Texas, according to the map or <br />plat thereof, duly recorded in Volume 150, Page 338, Deed Records of Hays County, Texas; <br /> <br />and <br /> <br />Lots Three Hundred Seventy-nine (379) and Three Hundred Eighty (380), Block Twenty-two <br />(22), Westover Addition, City of San Marcos, Texas, according to the map or plat thereof, <br />duly recorded in Volume 59, Page 184, Deed Records of Hays County, Texas <br /> <br />together with any improvements, fixtures and appurtenances on or to the Property. <br /> <br />2. SALES PRICE. The Sales Price shall be $66,000.00. The Sales Price includes the Earnest <br />Money, and is payable in full in cash at closing. <br /> <br />3. EARNEST MONEY. The Buyer will deposit with Hays County Abstract Company (the <br />"Title Company") the amount of$I,OOO.OO (the "Earnest Money") within five business days <br />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 <br />Earnest Money into an account that bears interest, is federally insured, and has no early <br />withdrawal penalty, at a bank or savings and loan located in Hays County, Texas. <br /> <br />4. CONTINGENCY; CONDITION OF PROPERTY. <br />A. This Contract is expressly contingent on approval from the governing body of the Buyer. <br />If such approval is not granted by December 17, 2001, then this Contract will be <br />cancelled and the Earnest Money will be refunded to the Buyer in full. <br /> <br />B. It is understood and agreed that the Property is being sold and conveyed by the Seller, <br />and purchased and accepted by the Buyer, "as is, where is, with all faults, in its existing <br />form, state and condition," without recourse against the Seller, except for the warranty <br />of title contained in the Seller's deed. <br />