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B. Clovis R. and Margaret A. Barker, husband and wife, and Van Rea, as <br />Trustee of the Medical X -ray Consultants P. A., Profit Sharing Plan (collectively "Current <br />Owner ") are the owners of certain real property located in Hays County, Texas generally depicted <br />as "Barker Tract A" on Exhibit A attached hereto and made a part hereof. So much of said real <br />property with a value of $1,600,000.00 as determined by Graham & Associates, together with <br />any and all improvements, fixtures, timber, water and /or minerals not otherwise shown of record <br />to be outstanding in third parties, located thereon and any and all rights appurtenant thereto <br />including but not limited to timber rights, water rights, Access Rights and mineral rights shall be <br />referred to in this Agreement as the "Property". The exact boundaries of the Property will be <br />reasonably acceptable to Seller and Buyer. The legal description of the Property will be <br />determined in accordance with Section 5.b. The parties agree that for purposes of this <br />Agreement "Access Rights" include conveyance of the real property together with that certain <br />"60' wide Private Access Easement" bounded by Mountain High Drive and Lots 51 and 52, THE <br />ESTATES OF SAN MARCOS, a subdivision in Hays County, Texas, according to the map or <br />plat recorded in Volume 5, page 180 of the Plat Records of Hays County, Texas and an easement <br />for ingress and egress over and across the road as it currently exists on the real property identified <br />on Exhibit A as "Barker Tract B" (the "Tract B Easement "). <br />C. Seller has proposed to acquire the Property from Current Owner. <br />D. Buyer wishes to purchase the Property from Seller and Seller wishes to sell the <br />Property to Buyer in accordance with the terms and conditions set forth in this Agreement. <br />NOW THEREFORE, FOR $10.00 AND OTHER GOOD AND VALUABLE <br />CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: <br />1. Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from <br />Seller the Property on the terms and conditions set forth herein. <br />2. Purchase Terms. <br />a. Price. The purchase price (the "Purchase Price ") for the Property shall be <br />$1,600,000.00. <br />b. Method of Pa ent. The Purchase Price shall be payable in cash, at <br />Closing (as defined below), subject to any credits, pro - rations and adjustments provided <br />elsewhere in this Agreement. <br />3. Condition of the Proyerty. <br />a. Buyer agrees that from the Effective Date to, through and including <br />January 21, 2012 (the "Inspection Period "), Buyer may at its sole cost and expense: <br />Agrmt of Sale City of San Marcos—Barker Tract <br />(1- 3- 12).doc <br />