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<br />Commercial Unimproved Earnest Money Contract concerning <br /> <br />9.754 Acres <br /> <br />inspectors. Within days after the Effective Date of this contract Seller shall deliver to <br />Buyer (strike any not to be delivered): <br /> <br />(1 ) copies of all notes and deeds of trust assumed or taken subject to by Buyer; <br /> <br />(2) copies of all leases pertaining to the Property, including any modifications, supplements, or <br />amendments to the leases; <br /> <br />(3) copies of all previous environmental assessments, studies, or analyses affecting the Property in Seller's <br />possession. <br /> <br />8. BROKER'S REPRESENTATION AND FEES: None <br />(Listing Broker): 0 represents Seller only; 0 acts as intermediary between Seller and Buyer. Any other broker <br />represents:OSeller as Listing Broker's Subagent;OBuyer only. Seller shall pay Listing Broker (choose only one): <br /> <br />o (a) the fee specified by separate agreement between Listing Broker and Seller. <br /> <br />o (b)- a total cash fee of either $ or % of the total Sales Price in <br />County, Texas on closing of this sale, which Escrow Agent <br />shall pay from Seller's proceeds of this sale. If Seller defaults, the cash fee shall be due and payble in full. <br />If Buyer defaults, Escrow Agent is authorized to pay Listing Broker one-half of any Earnest Money Seller <br />receives under this contract not to exceed the amount of the cash fee. <br /> <br />9. CLOSING: )1 /.tb {~'-- <br /> <br />(a) The closing of the sale shall be on or before December I, 1999 or within 7 days after <br />objections to title or the survey have been cured, whichever date is later (the Closing Date); however, if <br />financing or assumption approval has been obtained pursuant to paragraph 4, the Closing Date shall be <br />extended up to 15 days only if necessary to comply with lender's closing instructions (for example, survey <br />and closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party <br />shall be entitled to exercise the remedies contained in paragraph 15. <br /> <br />(b) At closing Seller shall furnish, at Seller's expense (strike any not to be furnished): <br /> <br />(1) tax statements show ing no delinquent taxes on the Property; <br /> <br />(2) an assignment of all leases to or on the Property duly executed by Seller; <br /> <br />(3) a !Xl GeneralO Special Warranty Deed conveying good and indefeasible title to Property showing no <br />additional exceptions to those permitted in paragraph 6; and <br /> <br />(4) evidence that the person executing this contract is legally capable and authorized to bind Seller. <br /> <br />10. POSSESSION: Seller shall deliver possession of the Property to Buyer on closi~9' in its <br />present condition. Any possession by Buyer prior to Closing or Seller after closing that is not authorized by a <br />separate written lease agreement, shall establish a landlord-tenant at sufferance relationship between the <br />parties. <br /> <br />11. SPECIAL PROVISIONS: <br /> <br />(TAR 031) 1-1-96 <br /> <br />Page 5 of 8 <br /> <br />