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<br /> 121 <br /> , - <br /> REAL ESTATE CONTRACT <br /> This contract is between Terry Paul Gilmore, as Seller, and the City of San Marcos, <br /> a Texas municipal corporation, as Purchaser. <br /> 1. Purchase and Sale <br /> 1.01. Seller agrees to sell, and Purchaser agrees to purchase, the tract of land in <br /> Hays County, Texas within the corporate limits of the City of San Marcos as described in <br /> Exhibit "A" attached to this contract (the "Property"). <br /> 2. Purchase Price . <br /> <br /> . ~ 2.01. The purchase price is $2..0.0...000 payable in cash in full at closing. <br /> 3. Title Binder <br /> 3.01. Within 10 days after the date of this contract, Seller will deliver to Purchaser: <br /> . . <br /> 1. A title commitment ("Title Binder") covering the Property binding the Title <br /> company to issue a Texas owner's Policy of Title Insurance on the <br /> standard form of policy prescribed by the Texas State Board of Insurance <br /> at the closing in the full amount of the purchase price; and, <br /> 2. True, correct, and legible copies of any and all instruments referrèd to in <br /> < <br /> the 1J.u~Binder as constituting exceptions or restrictions upon the title of <br /> Seller. <br /> 3.02. Purchaser shall have 10 days after the receipt of the Title Binder to review <br /> same and to deliver to Seller in writing Purchaser's objections to anything contained <br /> therein. Any item to which Purchaser does not object shall be deemed to be accepted by <br /> Purchaser. If there are objections by Purchaser, Seller shall in good faith attempt to satisfy <br /> same prior to closing, but Seller shall not be required to incur any cost to do so. If Seller <br /> is unable to satisfy the objections prior to the closing date, Purchaser may either waive the <br /> objections and accept the title Seller is able to convey, or terminate this contract by written <br /> ) - notice to Seller. <br /> . <br /> 4. Closing .--:r--- c.. ~~ f~ <br /> JVi'V"C...-.1 VJ~ <br /> 4.01. The closing will be held on or before M..çy;,;.3j;;~1.99S at the office of Hays <br /> County Abstract Company in San Marcos, Texas. <br /> 4.02 At closing, Seller will deliver to Purchaser an executed and acknowledged <br /> general warranty deed conveying good and marketable title in fee simple to the Property, <br /> free of liens, encumbrances, conditions, easements, leases, assessments, and restrictions, <br /> except those acceptable to Purchaser. Purchaser agrees to accept the Property in its <br /> present condition. <br /> 4.03. At closing, Seller will deliver to Purchaser a Texas Owner's Title Policy issued <br /> through Hays County Abstract Company, in Purchaser's favor, in the amount of the <br /> purchase price, dated as of closing, insuring Purchaser's title to the Property subject only <br /> to those title exceptions previously accepted by Purchaser and specifically listed in the <br />