17 Request for Zoning Change 3755 FM 195

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Commercial Contract - Unimproved Property Concerning Fi'<!195 o B. Except as otherwise provided in this contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea-formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood-destroying insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10) any condition on the Property that violates any law or ordinance. (Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. Cl A. Seller also consents to receive any notices bye-mail at Seller's e-mail address stated in Paragraph 1. o B. Buyer also consents to receive any notices bye-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. B. This contract is to be construed in accordance with the laws of the State of Texas. C. This contract contains the entire agreement of the parties and may not be changed except in writing. D. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. E. Addenda which are part of this contract are: (Check all that apply.) IXI (1) Property Description Exhibit identified in Paragraph 2; o (2) Commercial Contract Financing Addendum; o (3) Commercial Property Condition Statement; o (4) Notice to Purchaser of Real Property in a Water District (MUD); o (5) Addendum for Coastal Area Property; o (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and o (7) (Note: Counsel for the Texas Association of REAL TORS@ (TAR) has determIned that any of the foregoing addenda which are promulgated by the Texas Real Estate CommIssion (TREC) or published by TAR are appropriate for use with this form.) (T AR-1802) 10-16-05 Initialed for Identification by BUyeg _ and Seller _ ,_ Page 10 of 12 Produced with ZlpForrn™ by RE ForrnsNet, lLC 18026 Fifteen Mile Road, Clinton Township, Michigan 48035 www,zimorm,co!J1 DARNELL TO r'..