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Rt.1 Hwy 271 N. <br />Unimproved Property Contract Concerning Paris , TX 75462 Page Five 11-8-g9 <br /> -- (Address of Property) <br /> <br />12. SETTLEMENT AND OTHER EXPENSES: <br /> A. The following expenses must be paid at or prior to closing: <br /> (1) Appraisal fees will be paid by Buyer <br /> (2) The total of loan discount fees may not exceed % of the loan of which Seller shali <br /> <br /> pay and Buyer shall pay the remainder. The total of any buydown fees <br /> not exceed_ - which wit[ be paid by <br /> (3) Seller's Expenses: Releases of ex sting liens ncluding prepayment penalties and recording fees; <br /> release of Seller's loan liability; taxx statements or certificates; preparaton of deed; one-half of <br /> escrow fee; and other expenses stipulated to be paid by Seller under other provisions of thi'~ <br /> contract. <br /> (4) Buyer's Expenses: Loan application, origination and commitment fees; loan assumption cosb, <br /> preparation and recording of deed of trust to secure assumption; lender required expenses incident <br /> to new loans, includng preparaton of loan documents, recordng fees tax service and research <br /> or underwriting fees, copies of restrictions and easements, amortization ~chedule, <br /> fees,, wareh.ouse rt-a-e rte policies and endorsements required by lender, credit, reports, <br /> premiums ro.r ~m_o~..~,~s for flood and hazard insurance; required reserve deposit, for in?~u, ranc.e, <br /> premiums ,~uu .... *~. ,-.;,-f ~, ,~ates of first monthly payments; one-halT Of e~c~uw ,~=, ,=,,u <br /> disbursements to one mu,~., ~.,,~ .... <br /> ex enses sti ulated to be pa d by Buyer under other provisions of this contract. <br /> other p P ...... * ~x"ressl,, stated in this contract for such expense to be paid by a <br /> B. if any expense exceeos an ~,,~uu,,~ = ~ J <br /> partT, that party may terminate this contract unless the other party agrees to pay such excess. In no <br /> event will Buyer pay charges and fees expressly prohibited by governmental loan program regulations. <br /> 13. PRORATIONS AND ROLLBACK TAXES: <br /> A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents <br /> will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at <br /> closing, the parties shall adjust the prorations when tax statements for the current year are available. If <br /> a loan is assumed and the lender maintains an escrow account, the escrow account must be transferred <br /> to Buyer without any deficiency. Buyer shall reimburse Seller for the amount in the transferred account. <br /> Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer <br /> will be obligated to pay taxes for the current year. <br /> B ROLLBACK TAXES: if this sale or Buyer's use of the Property after dosing results in the assessment <br /> of additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will <br /> be the obligation of Buyer. tf Seller's change in use of the Property prior to closing or denial of a special <br /> use valuation on the Property claimed by Seller resuts in Assessments for periods prior to c[osi?g, <br /> the Assessments will be the obligation of Seller. Obligations imposed by tbs paragraph Will survive <br /> closing. <br /> <br /> 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty Io~.~ <br /> after the effective date of the contract, Seller shall restore the Property to its previous condition as soon as <br /> reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyonJ <br /> Seller's control, Buyer may either (a) terminate this contract and the earnest money will be refunded to <br /> Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as <br /> necessary or (c) accept the Property in its damaged condition and accept an assignment of insurance <br /> proceeds. Seller's obligations under this paragraph are independent of any obligations of Seller under <br /> Paragraph 7. <br /> <br /> 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may either (a) <br /> enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate <br /> and receive the earnest money as iquidated damages, thereby releasing both parties from <br /> this contract If, due to factors beyond Seller's control, Seller fails w thn the time allowed to make any <br /> this contract. <br /> non-casualty repairs or deliver the Commitment, Buyer may either (a) extend the t me for performance up <br /> to 15 dsys aqd the Closing Date will be extended as necessary or (b) terminate this contract as the see <br /> remedy and receive the earnest money If Saber fails to com~ly with [his contract for any other reason, <br /> c ......... ;n da[au',[ and r2t,~,'a~ ms.' ~:'.'-?r '~:':) enforce specf'c performapce ~e? s'~ch other re',ief as <br /> may be provided by law, or both, or (c) terminate this contract and receive the earnest money, thereby <br /> ..~rtt,.~ from this con ract. <br /> -, ......both-' '~ <br /> <br /> initialed for identification b~ and Seller 0lA TREC NO, 9-4 <br /> Page 5 "' 7 <br /> <br /> (TAR-1607) 11-8-99 <br /> <br /> <br />