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<br />MBT Draft 8-31-00 <br /> <br />singular/plural parties will be interpreted in the appropriate gender and number. The titles <br />of paragraphs are for convenience only and do not affect the meaning of this Contract. <br /> <br />17. PARTIAL INVALIDITY. In case any provision of this Contract is held to be invalid, <br />illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or <br />unenforceability will not affect any other provision, and this Contract will be construed as <br />if the invalid, illegal, or unenforceable provision had never been included in this Contract. <br /> <br />18. TIME. Time is of the essence. <br /> <br />19. SPECIAL PROVISIONS. <br /> <br />The Buyer, prior to closing, ",ill at its expense obtain the approval of the City of San Marcos <br />Planning and Zoning Commission for a subdivision plat that includes the Property as a <br />platted subdivision lot. The Seller will execute this plat to permit recording of the plat <br />coincident with closing. <br /> <br />20. BROKER'S FEES/COMMISSIONS. The Seller is responsible for paying a 3% <br />commission to Carlton Skinner Simpson in connection with this transaction. The Escrow <br />Agent will pay this commission from the proceeds of the sale. The Buyer has not utilized <br />the services of a real estate broker in connection with this transaction and has not agreed to <br />pay brokerage fees or commissions. The Seller will indemnify the Buyer from any claims for <br />brokerage fees or commissions arising in connection with this Contract. <br /> <br />EXECUTED in multiple counterparts by the Seller and the Buyer on the dates set forth below. The <br />later signature date will be the Effective Date of this Contract. <br /> <br />BUYER: <br />City of San Marcos <br /> <br /> <br /> <br />~ o4At.~ <br />Larry . Gil@y, City Ma ager <br /> <br />Fr. A. IV~R.. - Vp <br />Date: 5.Gff 7-1, -:2-000 <br />/ <br /> <br />Date: 9-12-00 <br /> <br />! m;:it <f}() <br />R . f $ <,I',/F1 <br />~cewt" 0 ';' ~,(, /"., <br /># 1Y1!,",DJ1i) <br />, _ (\ ,"'" <br /> <br />Earnest Money is acknowledged in the form of check <br /> <br /> <br />J,tll~ 'I'/ila /),: il'} ">. <br />~~11 ," rl"/;. ./tL~~~/;)! It {l: !~tj~ f-{~) <br />~ ".", .. . ' '+' <br />