04 Referrals
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS ~
COUNTY OF LAMAR s
BEFORE ME, the undersigned authority, on this day personally appeared Shirley Posey who
upon oath deposes and says:
"I am Shirley Posey whose address is 574 CR 35960, Arthur City, TX 75411, and
whose phone number is (903) 732-4819 , and who has a proprietary interest in property located
within the corporate limits of the City of Paris being described as follows:
Lot 13-F, City Block 324 -Part of 19.38 ac., (10.01 ac)
3100 Old Tigertown Road
My interest in the above-described property is Contract to Buy ,and I do request a change
in zoning from Aaricultural District (A) to a One-Family Dwellina District NO.3 (SF-3) With Specific Use
Permit (39) Mobile Home.
"In support of said request I make the following answers to questions 1-4:
1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as
represented by the pre-established zoning ordinance and the long range master plan and map that has
been adopted by the zoning ordinance?
YES
2. Will the re-zoned designation be compatible with the classification and use of adjoining lands
so as to avoid adverse impact on neighbors?
YES
3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore
justifying a change in zoning?
YES
4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or
general welfare or protect and preserve historical and cultural places and areas or meet a substantial
public need? YES
5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? \_ No deed provided
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Shirley Posey on this 15th day
of November, 2006.
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FILED: If-I':>---Olp
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of Texas
JANICE WORTHAM '., "
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 05-12-2009
Reference Bearing: Center line of NW Loop Hwy. 286
CP No. 480427 0001 B FIRM CP No. 480891 0008 A FHBM
Disk-909!Womack!Womack- SU
11-14-06
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PRELlMINA Y PLAT -- Special Use Permn
10.01 Ac. out of 19.38 Ac. on NW Loop 286 &
Old Tigertown Road / Lamar County Road 31100
owtER: ManhaI Womack, Eat.
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NOTE: This information on this plat is to be used only
to aquire a Special Use Permit from the City of Paris
for a Mobil Home on the 10.01 acre tract of land. The
information used to compile this plat was taken from a
survey made June 14. 2004. but does not represent
that a new survey has been done. If the Special Use
Permit is issued, then a new survey will me made on
the proposed 10.01 acre tract.
Jim Nelson
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PRELIMINAR
This document shall not be
recorded for any purpose.
Nelson Surveying Company
920 N. Main st. Paris, Texas 75460
903-785-3551 fax: 903-785-3399 E-mat neI8onuve~x.net
J.M. NeIeon, Regletered ProfellllonaJ Land SUrveyor of Texaa, 14025
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All pages, the Plat, the Field Notes, and the Legend/General Notes, are one document.
None of the above are to be recorded without the others. Page:_of -
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Eo"",- HOUSINC
oPPo~TUNITY
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
FARM AND RANCH CONTRACT
02-13-06
1. PARTIES: John A Womack (Seller)
agrees to sell and convey to Shirley Posey
(Buyer) and Buyer agrees to buy from Seller the Property described below.
2. PROPERTY: The land, improvements, accessories and crops are collectively referred to as the "Property".
A. LAND: The land situated in the County of Lamar , Texas, described as follows:
10.0 ac. to be surveyed, part of 19.38 ac. city blk 324 lot 13-F
oras described on attached exhibit, also known as3400 Old Tigertown Rd. Paris. TX 75460
(address/zip code), together with all rights, privileges, and appurtenances pertaining thereto, including but not
limited to: water rights, claims, permits, strips and gores, easements, and cooperative or association
memberships.
B. IMPROVEMENTS:
(1) FARM and RANCH IMPROVEMENTS: The following permanently installed and built-in items, if any:
windmills, tanks, barns, pens, fences, gates, sheds, outbuildings, and corrals.
(2) RESIDENTIAL IMPROVEMENTS: The house, garage, and all other fixtures and improvements attached to
the above-described real property, including without limitation, the following permanently installed and
built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall
carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and
equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and
lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning
equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and
attached to the above described real property.
C. ACCESSORIES:
(1) FARM AND RANCH ACCESSORIES: The following described related accessories: (check boxes of
conveyed accessories) 0 portable buildings 0 hunting blinds 0 game feeders 0 livestock feeders and
troughs 0 irrigation equipment 0 fuel tanks 0 submersible pumps 0 pressure tanks 0 corrals 0 gates
o chutes 0 other:
(2) RESIDENTIAL ACCESSORIES: The following described related accessories, if any: window air conditioning
units, stove, fireplace screens,' curtains and rods, blinds, window shades, draperies and rods, controls for
satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above
ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs.
D. CROPS: Unless otherwise agreed in writing, Seller has the right to harvest a!1 growing crops until delivery of
possession of the Property.
E. EXCLUSIONS: The following improvements, accessories, and crops will be retained by Seller and excluded:
,. ~; "
F. RESERVATIONS: Seller reserves the following mineral, water, royalty, timber, or other interests:
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing . . . . . . . . . . . . . . . . . . . . . . . .. $
B. Sum of all financing described below (excluding any loan funding
fee or mortgage insurance premium) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27 .500.00
C. Sales Price (Sum of A and B) .............................................. $ 32.500.00
D. The Sales Price ~ will 0 will not be adjusted based on the survey required by Paragraph 6C. If the Sales Price
is adjusted, the Sales Price will be calculated on the basis of $ 3. 25Q....:...l1.0 per acre. If the Sales
Price is adjusted by more than 10%, either party may terminate this contract by providing written notice to the
other party within 5 days after the terminating party receives the survey. If neither party terminates this
contract or if the variance is 10% or less, the adjustment will be made to the amount in 0 3A 0 3B
~ proportionately to 3A and ~.
Initialed for identification by Buyer ~ _ and Seller _ _
(TAR-1701) 2-13-06
Century 21 4600 Lamar Avenue. Paris TX 75462
Mike E Russell
5.000.00
Phone: 903-78;.6427 Fax:
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TREC NO. 25-5
Page 1 of 9
Womack to Pose
r
3400 Old Tigertown Rd
Paris, TX 75460
(Address of Property)
4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below)
gg A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $ 27 ,500.00
(excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: If the Property does not satisfy the lenders' underwriting requirements for the loan(s),
this contract will terminate and the earnest money will be refunded to Buyer.
(2) Financing Approval: (Check one box only)
~ (a) This contract is subject to Buyer being approved for the financing described in the attached Third
Party Financing Condition Addendum.
o (b) This contract is not subject to Buyer being approved for financing and does not involve FHA or VA
financing.
o B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in
the attached TREC Loan Assumption Addendum.
o C. SELLER FINANCING: A promissory note from Buyer to Seller of $ , secured by
vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC
Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a
mortgagee policy of title insurance.
5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer shall deposit $ 1 .000.00
as earnest money with Stone Title Co. , as escrow agent, at
33 1st N W, Paris, TX 75460
(address). Buyer shall deposit additional earnest money of $ with escrow agent within
days after the effective date of this contract. If Buyer fails to deposit the earnest money as required by
this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at ~ Seller's 0 Buyer's expense an owner policy of title insurance
(Title Policy) issued by: Stone Title Co. (Title Company)
in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the
Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the
following exceptions:
(1) The standard printed exception for standby fees, taxes and assessments.
(2) Liens created as part of the financing described in Paragraph 4.
(3) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing.
(4) The standard printed exception as to marital rights.
(5) The standard printed exception as to waters, tidelands, beaches, streams, and related matters.
(6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines,
encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense, may have the
exception amended to read, "shortages in area". .
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to
Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive
covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the
standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception
Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents
are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15
days or the Closing Date, whichever is earlier.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company
and any lender. (Check one box only):
o (1) Within days after the effective date of this contract, Seller shall furnish to Buyer and Title
Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by
the Texas Department of Insurance (Affidavit). The existing survey 0 will 0 will not be recertified to a
date subsequent to the effective date of this contract at the expense of 0 Buyer 0 Seller. If the existing
survey is not approved by the Title Company or Buyer's Lender, a new survey will be obtained at the
expense of 0 Buyer 0 Seller no later than 3 days prior to Closing Date. If Seller fails to furnish the
existing surveyor Affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense
no later than 3 days prior to Closing Date.
o (2) Within 20 days after the effective date of this contract, Buyer shall obtain a new survey at Buyer's
expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this
paragraph, whichever is earlier.
Initialed for identification by Buyer 1i- _ and Seller _ _
(TAR-1701) 2-13-06
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zioform.com
Contract Concerning
Page 2 of 9
02-13-06
TREC NO. 25-5
Page 2 of 9
Womack to Pose
,...
3400 Old Tigertown Rd
Contract Concerning Paris I TX 75460 Page 3 of 9 02-13-06
(Address of Property)
o (3) Within days after the effective date of this contract, Seller, at Seller's expense shall furnish a
new survey to Buyer.
o (4) No survey is required.
D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title disclosed on the
survey other than items 6A(1) through (5) above; or disclosed in the Commitment other than items 6A(1) through
(6) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on the
current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or
activity: Ins tallina a double wide mobil home; buyer aarees to -pursue s-pecial
use per-mit from the city for this and seller agrees to execute documents to
allow her pursuit of same.
Buyer must object not later than (i) the Closing Date or (ii) 5 days after Buyer receives the Commitment,
Exception Documents, and the survey, whichever is earlier. Buyer's failure to object within the time allowed will
constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are
not waived. Provided Seller is not obligated to incur any expense, Seller shall cure the timely objections of Buyer
or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended
as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest
money will be refunded to Buyer unless Buyer waives the objections.
E. EXCEPTION DOCUMENTS: Prior to the execution of the contract, Seller has provided Buyer with copies of the
Exception Documents listed below or on the attached exhibit. Matters reflected in the Exception Documents listed
below or on the attached exhibit will be permitted exceptions in the Title Policy and will not be a basis for
objection to title:
Document
Date
RecordinQ Reference
F. SURFACE LEASES: Prior to the execution of the contract, Seller has provided Buyer with copies of written leases
and given notice of oral leases (Leases) listed below or on the attached exhibit. The following Leases will be
permitted exceptions in the Title Policy and will not be a basis for objection to title:
G. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title cove-ring the Property
examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a
Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due
to the time limitations on Buyer's right to object.
(2) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district
providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code,
requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness,
or standby fee of the district prior to final execution of this contract.
(3) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, ~33.135, Texas Natural
Resources Code, requires a notice regarding coastal area property to be included in the contract. An
addendum containing the notice promulgated by TREC or required by the parties must be used.
(4) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under
~5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction
of a municipality and may now or later be subject to annexation by the municipality. Each municipality
maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is
located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's
extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further
information.
(5) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice
required by ~13.257, W~er Code: The real property, described in Paragraph 2, that you are about to
Initialed for identification by Buyer ~ _ and Seller _ _ TREe NO. 25-5
(TAR-1701) 2-13-06 Page 3 of 9
Produced with ZipForm™ by RE FormsNet. LLC 16025 Fifteen Mile Road. Clinton Township. Michigan 46035 www.zioform.com Womack to Pose
r-
3400 Old Tigertown Rd
Contract Concerning Paris , TX 75460 Page 4 of 9 02-13-06
(Address of Property)
purchase may be located in a certificated water or sewer service area, which is authorized by law to provide
water or sewer service to the properties in the certificated area. If your property is located in a certificated
area there may be special costs or charges that you will be required to pay before you can receive water or
sewer service. There may be a period required to construct lines or other facilities necessary to provide water
or sewer service to your property. You are advised to determine if the property is in a certificated area and
contact the utility service provider to determine the cost that you will be required to pay and the period, if any,
that is required to provide water or sewer service to your property. The undersigned Buyer hereby
acknowledges receipt of the foregoing notice i;lt or before the execution of a binding contract for the purchase
of the real property described in Paragraph 2 or at closing of purchase of the real property.
(6) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, S5.014, Property
Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are
obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public
improvement district under Chapter 372, Local Government Code. The assessment may be due annually or
in periodic installments. More information concerning the amount of the assessment and the due dates of that
assessment may be obtained from the municipality or county levying the assessment. The amount of the
assessments is subject to change. Your failure to pay the assessments could result in a lien on and the
foreclosure of your property.
(7) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property 0 is gg is not located in a Texas
Agricultural Development District. For additional information contact the Texas Department of Agriculture.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property
at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by
TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall turn on existing utilities
for inspections.
NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs.
B. SELLER'S DISCLOSURE NOTICE PURSUANT TO S5.008, TEXAS PROPERTY CODE (Notice):
(Check one box only)
o (1) Buyer has received the Notice
o (2) Buyer has not received the Notice. Within days after the effective date of this contract, Seller
shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at
any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice,
Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to
the closing, whichever first occurs, and the earnest money will be refunded to Buyer.
gg (3) The Texas Property Code does not require this Seller to furnish the Notice.
C. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal
law for a residential dwelling constructed prior to 1978. .
D. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided
Seller, at Seller's expense, shall complete the following specific repairs and treatments:
E. COMPLETION OF REPAIRS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs prior to
the Closing Date. All required permits must be obtained, and repairs must be performed by persons who are
licensed or otherwise permitted by law to provide such repairs. At Buyer's election, any transferable warranties
received by Seller with respect to the repairs will be transferred to Buyer at Buyer's expense. If Seller fails to
complete any agreed repairs prior to the Closing Date, Buyer may do so and receive reimbursement from Seller
at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs.
F. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is
obligated to pay for lender required repairs, which includes treatment for wood destroying insects. If the parties do
not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest money
will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price,
Buyer may terminate this contract and the earnest money will be refunded to Buyer.
G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including
asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or
its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an
addendum promulgated by TREC or required by the parties should be used.
H. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge of the
following:
(1) any flooding of the Property which has had a material adverse effect on the use of the Property;
(2) any pendin or threatene liti ation, condemnation, or s ecial assessment affectin the Property;
Initialed for identification by Buyer and Seller TREC NO. 25-5
(T AR-1701) 2-13-06 Page 4 of 9
r-'_.... .
3400 Old Tigertown Rd
Contract Concerning Paris, TX 75460 Page5of9 02-13-06
(Address of Property)
(3) any environmental hazards or conditions materially affecting the Property;
(4) any dumpsite, landfill, or underground tanks or containers now or previously located on the Property;
(5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or
(6) any threatened or endangered species or their habitat affecting the Property.
I. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a residential
service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse
Buyer at closing for the cost of the residential service contract in an amount not exceeding $
Buyer should review any residential service contract for the scope of coverage, exclusions and limitations. The
purchase of a residential service contract is optional. Similar coverage may be purchased from various
companies authorized to do business in Texas.
J. GOVERNMENT PROGRAMS: The Property is subject to the government programs listed below or on the
attached exhibit:
Seller shall provide Buyer with copies of all governmental program agreements. Any allocation or proration of
payment under governmental programs is made by separate agreement between the parties which will survive
closing.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written
agreements.
9. CLOSING:
A. The closing of the sale will be on or before December 21 , 2006 , or within 7 days after
objections made under Paragraph 60 have been cured or waived, whichever date is later (Closing Date). If either
party fails to close the sale by the Closing Date, the nondefaulting party may exercise the remedies contained in
Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and
showing no additional exceptions to those permitted in Paragraph 6, an assignment of Leases, and furnish
tax statements or certificates showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan
documents and other documents required of them by this contract, the Commitment or law necessary for the
closing of the sale and the issuance of the Title Policy.
C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive,
negotiate and accept back up offers.
D. All covenants, representations and warranties in this contract survive closing.
10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition, ordinary
wear and tear excepted: gg upon closing and funding 0 according to a temporary residential lease form
promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by
Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship
between the parties. Consult your insurance agent prior to change of ownership and possession because
insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance
coverage may expose the parties to economic loss.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules
prohibit licensees from adding factual statements or business details for which a contract addendum or other form
has been promulgated by TREC for mandatory use.)
SELLER GRANTS TO PURCHASER 60 DAYS FROM DATE OF EXECUTION OF THIS CONTRACT
TO OBTAIN REZONING OF THIS PROPERTY (OR PART THEREOF) FOR A SPECIAL USE
PERMIT FOR MANUFACTURED HOUSING. DURING THIS TIME PERIOD SELLER RETAINS THE
RIGHT TO CONTRACT WITH THIRD PARTIES FOR THE SALE OF HIS/THEIR PROPERTY AND
SHOULD SELLER FIND A THIRD PARTY WILLING TO ENTER INTO A CONTRACT ACCEPTABLE
TO HIM/THEM, SELLER WILL FIRST GIVE PURCHASER HERIN THE RIGHT TO TERMINATE
THIS CONTINGENCY OF THE REZONING AND CLOSE ON THIS CONTRACT WITHIN 21 DAYS.
Initialed for identification by Buyer .x... _ and Seller _ _
(TAR-1701) 2-13-06
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Miie Road. Clinton Township, Michigan 48035 www.zioform.com
TREC NO. 25-5
Page 5 of 9
Womack to Pose
Contract Concerning
3400 Old Tigertown Rd
Paris, TX 75460
(Address of Property)
Page 6 of 9
02-13-06
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller (Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan
liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses
payable by Seller under this contract.
(b) Seller shall also pay an amount not to exceed $ to be applied in the following
order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Housing
Assistance Program or other governmental loan programs, and then to other Buyer's Expenses as
allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses):
(a) Loan origination, discount, buy-down, and commitment fees (Loan Fees).
(b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes
from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies
of easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related
inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including
required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and
special governmental assessments; final compliance inspection; courier fee; repair inspection;
underwriting fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Buyer
under this contract.
B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance
Premium (MIP) as required by the lender.
C. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that
party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges
and fees expressly prohibited by FHA, VA, Texas Veterans Housing Assistance Program or other governmental
loan program regulations.
13. PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be
prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in
exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at
closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are
not paid at or prior to closing, Buyer shall pay taxes for the current year. Rentals which are unknown at time of
closing will be prorated between Buyer and Seller when they become known.
B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of
additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the
obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a special use valuation
on the Property claimed by Seller results in Assessments for periods prior to closing, the Assessments will be the
obligation of Seller. Obligations imposed by this paragraph will survive closing.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective
date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in
any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate
this contract and the earnest money will be refunded to Buyer, (b) extend the time for performance up to 15 days
and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an
assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under
the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller
under this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific
performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive
the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors
beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the
Commitment, or survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the
Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the
earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer
may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate
this contract and receive the earnest money, thereby releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute
resolution procedures such as )tlediation. Any dispute between Seller and Buyer related to this contract which is not
Initialed for identification by Buyer ~ _ and Seller _ _ TREC NO. 25-5
(T AR-1701) 2-13-06 Page 6 of 9
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,...
3400 Old Tigertown Rd
Paris, TX 75460
(Address of Property)
resolved through informal discussion gg will 0 will not be submitted to a mutually acceptable mediation service or
provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a
party from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEY'S FEES: The prevailing party in any legal proceeding related to this contract is entitled to recover
reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party.
18. ESCROW:
A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or
nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the
loss of any earnest money caused by the failure of any financial institution in which the earnest money has been
deposited unless the financial institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's
Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid
expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest
money to each party and the parties shall execute counterparts of the release and deliver same to the escrow
agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for
the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly
provide a copy of the demand to the other party. If escrow agent does not receive written objection to the
demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making
demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money
and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this
paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the
earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7
days of receipt of the request will be liable to the other party for liquidated damages of three times the amount of
the earnest money.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of
objection to the demand will be deemed effective upon receipt by escrow agent.
19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or
security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment
of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this
contract is untrue on the Closing Date, Seller will be in default.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to
deliver an affidavit to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds
an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service
together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in
excess of specified amounts is received in the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to,
hand-delivered at, or transmitted by facsimile or electronic transmission as follows:
To Buyer at: To Seller at:
Contract Concerning
Page 7 of 9 02-13-06
Shirley Posey
John A Womack
574 CRd 35960
1524 W Kaufman
Arthur City TX 75411
Paris TX 75460
Telephone: (903) 732-4819
Telephone: (903) 784-2267
Facsimile:
Facsimile:
E-mail:
E-mail:
/I
Initialed for identification by Buyer !::;f.- _ and Seller _
(TAR-1701) 2-13-06
Produced with ZipForm™ by RE FormsNet. LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 WWW.ziDform.com
TREC NO. 25-5
Page 7 of 9
Womack to Pose
,.. .
3400 Old Tigertown Rd
Contract Concerning Paris, TX 75460 Page 8 of 9 02-13-06
(Address of Property)
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed
except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes):
gg Third Party Financing Condition o Addendum for Seller's Disclosure of
Addendum Information on Lead-based Paint and Lead-
based Paint Hazards as Required by Federal
Law
o Seller Financing Addendum o Environmental Assessment, Threatened or
Endangered Species and Wetlands
Addendum
o Loan Assumption Addendum o Addendum for Coastal Area Property
o Buyer's Temporary Residential Lease o Addendum for Property Located Seaward of
the Gulf Intracoastal Waterway
o Seller's Temporary Residential Lease o Addendum for "Back Up" Contract
o Addendum for Sale of Other Property by o Other (list):
Buyer
23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and
Buyer's agreement to pay Seller $ 100.00 (Option Fee) within 2 days after the effective date of this
contract, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller
within 10 days after the effective date of this contract. If no dollar amount is stated as the Option Fee or
if Buyer fails to pay the Option Fee within the time prescribed, this paragraph will not be a part of this contract and
Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of termination within the
time prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to Buyer. The
Option Fee ~ will 0 will not be credited to the Sales Price at closing. Time is of the essence for this paragraph
and strict compliance with the time for performance is required.
24. CONSUL T AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT
CAREFULL Y. If you do not understand the effect of this contract, consult an attorney BEFORE signing.
Buyer's Seller's
Attorney is: Ed Ellis Attorney is: A. W. Clem IV
41 NW 1st, Paris TX 75460 100 N. Main
Paris TX 75460
Telephone: (903)785-0336 Telephone: (903) 784-4393;
Facsimile: Facsimile:
E-mail: E-mail:
EXECUTED the day of , (EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
Buyer Shirley Posey Seller John A. Womack
4AJOJ.. Pavo Seller
Buyer \
The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real
estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not
intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512)
459-6544 (http://www.trec.state.tx.us) TREC NO. 25-5. This form replaces TREC NO. 25-4.
(TAR-1701) 2-13-06
Produced with ZipForm™ by RE FormsNet. LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 WWW.ziDform.com
TREC NO. 25-5
Page 80f9
Womack to Pose
r - ..
Contract Concerning
3400 Old Tigertown Rd
Paris, TX 75460
(Address of Property)
Page 9 of 9 02-13-06
RA TIFICA TION OF FEE
Listing Broker has agreed to pay Other Broker of the total Sales Price
when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's
fee at closing.
Other Broker: Listing Broker:
By: By:
BROKER INFORMATION AND AGREEMENT FOR PAYMENT OF BROKERS' FEES
Vic Ressler, Century 21 0218751
Other Broker License No. Listing or Principal Broker License No.
Associate Associate
Mike E Russell
4600 Lamar Avenue
Address Address
Paris TX 75462
City State Zip City State Zip
(903)785-6427 (903)784-7185
Telephone Facsimile Telephone Facsimile
mruss@neto.com
Email Email
represents o Buyer only as Buyer's agent represents ~ Seller only
o Seller as Listing Broker's subagent o Buyer only
o Seller and Buyer as an intermediary
Upon closing of the sale by Seller to Buyer of the Property described in the contract to which this fee agreement is
attached: (a) ~ Seller 0 Buyer will pay Listing/Principal Broker 0 a cash fee of $ or
0 6.000 % of the total Sales Price; and (b) 0 Seller 0 Buyer will pay Other Broker 0 a cash fee of
$ orO % of the total Sales Price. Seller/Buyer authorizes and directs Escrow
Agent to pay the brokers from the proceeds at closing.
Brokers' fees are negotiable. Brokers' fees or the sharing of fees between brokers are not fixed, controlled,
recommended, suggested or maintained by the Texas Real Estate Commission.
Seller . Buyer Shirley
John A Womack Posey
Seller Buyer
Do not sign if there is a separate written agreement for payment of Brokers' fees.
OPTION FEE RECEIPT
Receipt of $ (Option Fee) in the form of is acknowledged.
Seller or Listing Broker Date
Receipt of 0 Contract and 0 $
is acknowledged.
Escrow Agent:
CONTRACT AND EARNEST MONEY RECEIPT
Earnest Money in the form of
Date:
By:
Email Address
Telephone:
Facsimile:
Address
City
State
Zip
(TAR-1701) 2-13-06
Produced with ZipForm ™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.ziotorm.com
TREe NO. 25-5
Page 9 of 9
Womack to Pose
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!5:l
EOUAl HOUSING
OPPORTUNITY
02-13-06
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
THIRD PARTY FINANCING CONDITION ADDENDUM
TO CONTRACT CONCERNING THE PROPERTY AT
3400 Old Tigertown Rd
Paris
(Street Address and City)
Buyer shall apply promptly for all financing described below and make every reasonable effort to
obtain approval for the financing (Financing Approval). Buyer shall furnish all information and
documents required by lender for Financing Approval. Financing Approval will be deemed to have
been obtained when (1) the terms of the loan(s) described below are available and (2) lender
determines that Buyer has satisfied all of lender's financial requirements (those items relating to
Buyer's assets, income and credit history). If Buyer cannot obtain Financing Approval, Buyer may
give written notice to Seller within 40 days after the effective date of this contract and this
contract will terminate and the earnest money will be refunded to Buyer. If Buyer does not give
such notice within the time required, this contract will no longer be subject to Financing
Approval. Time is of the essence for this paragraph and strict compliance with the time
for performance is required.
NOTE: Financing Approval does not include approval of lender's underwriting requirements for
the Property, as specified in Paragraph 4.A.(1) of the contract.
Each note must be secured by vendor's and deed of trust liens.
CHECK APPLICABLE BOXES:
!Xl A CONVENTIONAL FINANCING:
!Xl (1) A first mortgage loan in the principal amount of $ 25,485.00 (excluding
any financed PMI premium), due in full in 10 year(s), with interest not to
exceed 8.000 % per annum for the first 1 year(s) of the loan with Loan Fees
(loan origination, discount, buy-down, and commitment fees) not to exceed
0.000 % of the loan.
o (2) A second mortgage loan in the principal amount of $
any financed PMI premium), due in full in
exceed % per annum for the first
Fees (loan origination, discount, buy-down, and
% of the loan.
o B. TEXAS VETERANS HOUSING ASSISTANCE PROGRAM LOAN: A Texas Veterans Housing
Assistance Program Loan of $ for a period of at least years at the
interest rate established by the Texas Veterans Land Board,
o C. FHA INSURED FINANCING: A Section FHA insured loan of not less than
$ (excluding any financed MIP), amortizable monthly for not less than
years, with interest not to exceed % per annum for the first year(s)
of the loan with Loan Fees (loan origination, discount, buy-down, and commitment fees) not
to exceed % of the loan. As required by HUD-FHA, if FHA valuation is unknown,
"It is expressly agreed that, notwithstanding any other provision of this contract, the
purchaser (Buyer) shall not be obligated to complete the purchase of the Property described
herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless
the purchaser (Buyer) has been given in accordance with HUD/FHA or V A requirements a
written statement issued by the Federal Housing Commissioner, Department of Veterans
Affairs, or a Direct Endorsement Lender setting forth the appraised value of the Property
of not less than $ . The purchaser (Buyer) shall have the privilege and
option of proceeding with consummation of the contract without regard to the amount of the
f)
Initialed for identification by Buyer....:L _ and Seller_
(TAR-1901) 2-13-06
(excluding
year(s), with interest not to
year(s) ofthe loan with Loan
commitment fees} not to exceed
TREC NO. 40-2
Page 1 of 2
Century 214600 Lamar Avenue. Paris TX 75462
Phone: 903-785-6427 Fax: Mike E Russell
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Womack to Pose
1'-
Third Party Financing Condition Addendum Concerning
Page 2 of 2 02-13-06
3400 Old Tigertown Rd
Paris. TX 75460
(Address of Property)
appraised valuation. The appraised valuation is arrived at to determine the maximum
mortgage the Department of Housing and Urban Development will insure. HUD does not
warrant the value or the condition of the Property. The purchaser (Buyer) should satisfy
himself/herself that the price and the condition of the Property are acceptable. "
NOTE: HUD 92564-CN "For Your Protection: Get a Home Inspection" must be signed and
dated by Buyer and attached to this Addendum.
o D. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $
(excluding any financed Funding Fee), amortizable monthly for not less than years,
with interest not to exceed % per annum for the first year(s) of the loan
with Loan Fees (loan origination, discount, buy-down, and commitment fees) not to exceed
% of the loan.
VA NOTICE TO BUYER: "It is expressly agreed that, notwithstanding any other provisions of
this contract, the Buyer shall not incur any penalty by forfeiture of earnest money or
otherwise or be obligated to complete the purchase of the Property described herein, if the
contract purchase price or cost exceeds the reasonable value of the Property established by
the Department of Veterans Affairs. The Buyer shall, however, have the privilege and option
of proceeding with the consummation of this contract without regard to the amount of the
reasonable value established by the Department of Veterans Affairs. "
If Buyer elects to complete the purchase at an amount in excess of the reasonable value
established by VA, Buyer shall pay such excess amount in cash from a source which Buyer
agrees to disclose to the VA and which Buyer represents will not be from borrowed funds
except as approved by VA. If VA reasonable value of the Property is less than the Sales
Price, Seller may reduce the Sales Price to an amount equal to the VA reasonable value and
the sale will be closed at the lower Sales Price with proportionate adjustments to the down
payment and the loan amount.
Buyer hereby authorizes any lender to furnish to the Seller or
information relating only to the status of Financing Approval of Buyer.
~,L \).,~
Buyer t
Shirley Posey
Buyer or their representatives
Seller
John A. Womack
Buyer
Seller
This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated
contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate
licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions.
It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-
800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us)TRECNo.40-2.This form replaces TREC No. 40-1.
Produced With ZipForm no by RE FormsNet, LLC 18025 Fifteen Mile Roed. Clinton Township, Michigen 48035, www z.oform.com
TREC NO. 40-2
Page 2 of 2
Womack to Pose
(TAR-1901) 2-13-06
r