2010-042 RES APPROVING PURCHASE OF LOTS 5 & 6, BLOCK 1 OF HENRY SMITH 2ND ADDITION

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ss gn hereunder, hereunder. Should Purchaser elect no~Ce oanexercise d effecttandpSelier provided to then the Contract shall remain in full fo Purchaser at Ciosing Seller's interest in and to all condemnation awards or proceeds from any such proceedings or actions in lieu thereof. Prior to Closing, all risks of loss shall be upon the Seller. ARTICLE 6 Seller's Representations Section 6.1 Seller makes the foliowing representations, as of the date of this Contract: (a) Seller owns good and indefeasible title to the Property and Seller has atl requisite power and authority to enter twarrantps hat he has all requisite authorty to executing this contract on behalf of Seller do so. (b) To the best of Seller's k o~ion d of ther P or s essees perty a ' ~S tenats at with a right to possession of any p sufferance, trespassers or otherwise, except those exceptions waived. (c) To the best of Seller's knowledge there is no pending or threatened taking, part condemnation or similar proceeding or asn~ es beeef aofffectin Se erhei PrapY~s ° ha tak g, thereof, nor to the best knowledge a condemnation, proceeding or assessment contemplated. (d) There will be no liens or Uniform Commercial Code filings against any of the Property which will not be satisfied out of the Purchase Price and released at Closing. (e) Seller has not received any notice from any governmental or quasi- governmental body or agency of any violation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (the "Superfund Act"), the Carpenter-Presley-Tanner Hazardous Substance Account Act, the Resource Conservation and Recovery act of 1976, the Clean Air Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Texas Water Code, the Texas Solid Waste Disposal Act or any other federal, state or local statutes, regulations, or ordinances or regulatory requirements pertaining to health or the environment (collectively referred to as "Environmental Laws (f) Seller shall not further encumber, or allow the encumbrance of, the title to the Property without the prior written consent of the Purchaser. (g) Seller does not know of any liabilities or claims which would adversely affect any of the Property, other than those expressly disclosed under this Contract. REAL ESTATE CONTRACT/TO CITY PAGE 4 (No Earnest Money) (Inspection Fee)