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19. <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 Alan Holt, William C. Holt, Shani Holt Armbmster, William C. Holt, Jr., David W. <br />Holt, and Timothy J. Holt (collectively, the "Seller"). <br /> <br />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 te~xns and <br />conditions of this Contract: <br /> <br />A 4.6 acre, more or less, tract of land in the City of San Marcos, Hays County, Texas, <br />as more specifically described in the attached Exhibit A <br /> <br />together with any improvements, fixtures and appurtenances on or to the Property. <br /> <br />SALES PRICE. The Sales Price shall be $43,500. The Sales Price includes the Earnest <br />Money, and is payable in full in cash at closing. <br /> <br />EARNEST MONEY. The Buyer will deposit with Hays County Title Insurance Company <br />(the "Title Company") the amount of $1,000 (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 Eanxest <br />Money into an account that bears interest, is federally insured, and has no early withdrawal <br />penalty, at a bank or savings and loan located in Hays County, Texas. <br /> <br />CONDITION OF PROPERTY. It is understood and agreed that the Property is being sold <br />and conveyed by the Seller, and purchased and accepted by the Buyer, "as is, where is, with <br />all faults, in its existing form, state and condition," without recourse against the Seller, except <br />for the warranty of title contained in the Seller's deed. <br /> <br />TITLE COMMITMENT AND SURVEY. Within 30 days after the effective date of this <br />Contract, the Seller will cause the Title Company to deliver the following to the Buyer at the <br />expense of the Seller: <br /> <br />A title commitment (the "Title Commitment") covering the Property binding the Title <br />Company to issue a Texas Owner's Policy of Title Insurance on the standard form <br />prescribed by the Texas State Board of h~surance at the closing in the full amount of <br />the Sales Price, subject only to the exceptions approved by the Buyer in accordance <br />with paragraph 6; <br /> <br />True, correct, and legible copies of all instruments referred to in the Title <br />Commitment as exceptions or restrictions upon the title of the Seller; and <br /> <br /> <br />