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FROM (TUE)JUN 24 2006 13:43/ST, 13;3i�No, 6880345645 P 14 <br />66/24/2008 11:57 9037E7 °2 _ COLDWELL BANKER PAGE 14/19 <br />2152 Claric8V111e page 5 of 8 02 -13-05 <br />cantmet corlmntng 6 orRM"rb) <br />12. SETTLEiKIN'1' AND OTHER EVENSES: <br />A. The fallowing expCrhse a r neat be paid at or prior to dosing= <br />(1) Expenses pOyabie by Seller (Sellers E)Wnses): <br />(a) Releases of exis6N lime, including prepayment penaiti�es and recording 1689; release of Sellers loan <br />liability; tai SWIMnte Or ce tlllcatM Pr>rparatlen deed; ono -half of tee; and other expenses <br />payable by Sager under this Conttsct. �� <br />PaYg be applied in the following <br />(b) Setter shall also pay an amount not to exceed S n F A, yp` Texas veterans Housing <br />order. Buyer's Expenses which Buyer is prohibiteed from pay; g by <br />Assir.=CG Program or other gWSMmental loan programs, and then m other Buyer's Expenses as allowed <br />by the lender. <br />(Z) Expenses payable by Bayer (Buyers Expenses): <br />LM (a) � originalon, discount, buy -down, and commitment fees (Loan Fecs). <br />(b) Appraisal fees; loan appiiceertian tees p,edlt reports; preparation of loan documents, intMst on the notes <br />from date of disbumement to one month prior to dates of first mortfhly payments; recording fees: topics of <br />easements end restrictions: mortgagee No policy with endorsements faquhed by lender, loan - related <br />inspection feet; Photos; amO tlzaiion schedules; one -half of escrow fee; an prepaid items, includng <br />required premiums for !load sand hazaM Insurance, reserve deposits for insurance, ad valorem d�rrond <br />liRm inspection; courier fee; rater Inspection; <br />special gwemmental as9et'mlthontS; fatal camp � 885 payable Buyer under this <br />fee: WiM transfer foe; expo$ incident to any ioan; and other expert pay by W <br />contract <br />S. Buyer shell pay Private Mortgage Insurance Premium (PMi). VA Loan Funding Fee, or FHA Mor'tgago Insurance <br />Premium (MIP) as required by the lender• <br />C. if any expense sx�oeedt an amount exvressly stated in this contract for such expense TO be paid by a Patty, thet <br />party may temtinate this contract unless the other party agrees to Pay such excess. Buyer may 'not pay charges <br />and fees expressly prohibited by FHA, VA, Texas Veterans Housing Assistance Program or other governmental <br />loan program regulations. <br />13. PRORAT{ONS: Taxes for the current year, Interest; maintenance fees, atsaessrfients, dues and rents will be Prorated <br />through the Closing Date. The teat prpraiion may be maculated taking into consideration any change in exemptions <br />that colt; affact 8 the current P raftns when txx sMt�arn nts I& the current yeafrom re avabbie. If at <br />paid at perbes s;hpil adjust pro <br />prior to edoWna Buyer shall pay for the currant yerrar. <br />14. CASUALTY 1,053: if any part of fare Property is damaged or destroyed by Ire or otfher casualty alter the but In <br />date of this contract, Seller shall react» the Property to Ifs previous =411don as soon as rcav=bly possible. <br />any event by the Closing Date. if Seller fails to do so due to favors beyond Sellers control, Buyer may (a) tanNnate <br />file time l*r pe(fiinir8tice UP to ; 5 days and <br />this contract and the sanest money will be rdundedoto Sery (b) extend Property in � damaged condrb'on with an <br />the Closing Date will be extended as necessary () accept <br />assignment of insceeanco proceeds and MMive credit from Seller at dosing in the arnount of the deductible under the <br />tnsumnce policy. Sellers Obllganorts under Inis paragraph are independent of any other obfigatlena of Seller under <br />fills eta' a enforce specific <br />6. DEFAULT., If Buyet fails m comply with ttus canyded, B y law, or both, or (b) tams and this contract and reserve the <br />perforrnance, seek such ether relief as may be Pm+^ �'! P from this earttrad tf, du8 to facdors beyond <br />earnest money as liquidated damages, thereby rckr astn9 <br />Seller's control, Seder fails within the time allowed to teaks any non-casuaW repairs of d dellmr the the closr pn cornmitmont <br />to will be <br />or <br />survey, if requirW of Seller, Buyer may (a) eut� the time for perfomwce up to 15 days <br />extended as tuocssary a (b) bertrtittate this contract as tits sole remedy and receive the earnest ma nay. I� se' fails <br />to comply wlth this con 3d for any other reason, Seller low I o be in both, or (b) termlrate this contract and receive <br />pwforrrtanca, seek such other mlief as may be p by <br />eameat money, thereby rVesasing boar parties from this contract <br />16. MEDIATION: It is the policy of then State of Texts to enaou:89e resolution of dispute$ through n tract a dins no <br />resolution procedur+tt6 such as mediation. Any dispute betw'Oen Seller and Buyer related t0 thL4 contra tservlce oc <br />resolved through informal drscu- ssioci ® vrill D writ not be submltma m a mutuauy au epfabto median <br />ceder. The p to tote mediation shall bear the mediation costs equally. 'i?rls 0»gieph does not prelude s <br />party from seeking equitable rcrief from a court of competent )uttsdletlon. <br />47. ATTORNE1rS FEES: The prevalling Ferny In any legod proceeding related to this CDntrsct Is entfbed to recover <br />rmonable fatltorno yes fees and all c9M of such penooeding incurred by the prevailltV Party. <br />and Seller _� TREC NO. 20-7 <br />Initialed for identification by Buyer Paget 5 of 8 <br />