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193. <br /> <br />EARNEST MONEY CONTRACT <br /> <br />This Contract is made between the City of San Mareos, a Texas municipal corporation (the <br />"Buyer") and Cephas U Estate, c/o Paul Rutledge, Jr. (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 terms and <br />conditions of this Contract: <br /> <br />All of the 0. I ~Pq acre tract of land, being a portion of Farm Lot 24-56 and part of <br />Lot 3, Block 5, of the Original Town of San Marcos, according to the plat or map <br />thereof recorded in Volume ~ o~, Page $oO of the Hays County Deed Records, <br />as more particularly described in the metes and bounds description attached as Exhibit <br />A, <br /> <br />together with any improvements, fixtures and appurtenances on or to the Property. <br /> <br />SALES PRICE. The Sales Price shall be $43,390.00. The Sales Price includes the Earnest <br />Money, and is payable in fi~l in cash at closing. <br /> <br />EARNEST MONEY. The Buyer w'ffi deposit with San Marcos Title Company (the "Title <br />Company") the amount of $500.00 (the "Earnest Money") within five business days after <br />execution of this Contract by the Seller and the Buyer. If this transaction is consummated, the <br />Earnest Money will be credited against the Purchase Price at closing. If this transaction is not <br />consummated, the Earnest Money will be held and delivered by the Title Company in <br />accordance with this Contract. The Title Company will deposit the Earnest Money into an <br />account that bears interest, is federally insured, and has no early withdrawal penalty, at a bank <br />or savings and loan located in Hays County, Texas. <br /> <br /> 4. CONDITION OF PROPERTY. A. It is understood and agreed that the Property is being <br /> sold and conveyed by the Seller, and purchased and ac,c, epted by the Buyer, "as is, where is, ~C~ <br />3~ L/~ d¢... with all faults, in its existing form, state and condition, without recourse against the Seller,~ %~_.[ [~- <br /> ) O-c~_~except for the warranty of title contained in the Seller's deed. <br /> <br /> B. For so long as this Contract is in effect, the Seller grants to the Buyer, its agents, <br /> employees and representatives, the right to enter upon the Property for the purpose of <br /> inspecting the Property and conducting soil, subsoil and such other tests as may be reasonably <br /> required by the Buyer. The Seller agrees to cooperate with the Buyer in allowing the Buyer, <br /> its agents, representatives, employees and persons with whom it contracts, and representatives <br /> of agencies to which the Buyer has applied for grant funding, to have access to the Property <br /> for the purpose of conducting such studies or investigations, upon reasonable notice to the <br /> Seller. The Buyer agrees to hold the Seller harmless from any claims, costs or suits that may <br /> arise from entry onto the Property by the Buyer, its agents, employees and representatives. <br /> The Buyer will notify the Seller in advance of each entry of the Property, including the date <br /> and time of entry and the identity of the persons who will enter the Property. <br /> <br /> <br />