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13 P&Z referrals-zoning change requests (3) CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037. Paris, Texas 75461 .903.784.9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: ~oning Change For Offlce Use Only Request Number~~ DateRCVd:~ Mtg Dale: ~ ~peCffiC Use Perm. 0 Planned Development PROPERTY INFORMATION: Address:--0 ~ tts- C--l Cl r- ks u i lle S+ \ Name of Business or Building (if applicable): M e.o. d.4) \ J beou k.. (k r- ~f '" Subdivision Lot Block Current Zoning: 11 Proposed ZonIng: C r e.rn C\ 10 Y'~ S P What ;s the proposed use of the property? C: f t1"f\ 0.. -Iv Y' ~ ' <. . Describe the character and/or nature of uses of surrounding property. S I 0 I B. j r es I ~'/! f'}:b J I ~. In\V\ - ~+c(''''~,. _ Will the re-zoned designation be compatible with the classfficatlon and use of adjoining lands? @ No . If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes e It No, why are you requesting a change in the permitting USeS?!he ~f~ '\ { C4((u"t~ 1..oN.d r- \ '"" \k.f<. ~~ W <- \ P. t'\ \A \t\ ",," P'. Cre-I'M tb OWNERJAPPUCANT INFORMATION: (/fyou.re not the OWller, a perm~sion letter from the 'WIler is required. "you are purchasing the properly, a copy of the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: Property Owner's Address: Phone: ..................................................................................................... REQUIRED SUBMITTALS (check those items which are included): o Completed application signed by the owner/applicant o Co of a deed with metes and bounds o PermIssion etler from owner o Copy of contract to purchase the property Phone:q03 b1tf Q4:sS ~ Cel(qOS lft( f~~ If Planned Development requested, include also: o Four (4) copies of a preliminary site plan I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal Laws will be complied w/1h, whether herein specified or not. I certify that I am the owner of the above property or his dUIYauth~riZedag t.~ Signed: .' ., '. . dr~ Address: ?f\1.\~~ ~? '::,.k~D\\.~, Print Name: . 0. ~(>- .. u\ ""~ '-\- : Phone Number: _ ~. l~d\.l ")::', I \.l.::lf:> Date: l'l \ - ~ -- ;)r)(fl : Fax Number: SWO RE ME this;1J.J day of T~";1 , 200'1 JANICE WORTHAM a.. ~~ 0" NOTARY PUBLIC , %~ ~ STATE OF TEXAS blrc, State of Texas ~III/I!II\\\I""" My Commission Expires 05-12-2009 FILED: 12/06 ,.... '. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MA YREMOVE OR STRIKE ANY OFl'HE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY.DEED (with Vendor's Lien) THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS: THA T MEMORIAL OPERATIONS COMPANY OF TEXAS, A Texas Corporation, by and through its duly authorized President, Mike W. Graham (herein called "grantor"), of the County of Harris, State of Texas, for and in consideration of the sum ofTen ($10.00) ahd more Dollars cash to it in hand paid by ALAN K. WHITLEY and wife, CINDY WHITLEY, and JERRY WHITLEY, receipt of which is hereby acknowledged; and Thiliy-seven thousand five hundI:.~~ and noll 00 ($37,500.00) Dollars paid by COMMUNITY NA TIONAL BANK, Detroit, Texas, for the grantees herein at their special instance and request, which sum of $3 7,500.00 is evidenced by vendor' shen note executed by grantees herein, payable to COMMUNITY NATIONAL BANK as therein provided, secured by the vendor's lien herein retained, and additionally secured by deed of trust of eVen date therewith to Hugh Jeffus, Trustee, for i the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to COMMUNITY NATIONAL BANK, Detroit, Texas, and it is subrogated to all the rights thereto as if it were the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto ALAN K. WHITLEY and wife, CINDY WHITLEY, and JERRY WHITLEY (herein called "grantees"), of the County of Red River, State of Texas, where their mailing address is 3443 FM 410 South, Detroit, Texas 75436, all that certain tract or parcel ofland in Lamar County, Texas described as follows; Subject To the right-of-way easement to Lamar County Water Supply Corp., dated January la, 1983, of record in Book 652, Page 856, Lamar County Deed Records: r- '~ .~ JOHN W. WILLIAMS SURVEY A-IDOl ALMA E. DANIEL CONDEMNATION VOl. 18, PAGE 12 10.90. ACRES - 60' 1-- --r 60' ~9' ~2' 26- E ~I 7 Of W^"f LINt. R1Gtt1 ~\IC~B_ ~'- - - -\8' ( W K< UNE FIR RIGln or C. ALLEE VOL. 654, PAGE 251- /'---REAL PROPERTY RECORD~ 2 ACRES SCAlE: 1"=200' CHARLES W. KEYS VOL. 506, PAGE 302 REAL PROPERTY RECORDS 1 B. 4-3 ACRES ... 79' 36' 26" E I'l .>"v.vv c:., 3= I} c-:JIR 30'"JOO' nR ~ '[STOIlAGE ~ BUILDING ;;;!tf ~ ,:1: I . CONCRETE SLAB w I J. SKIDMORE SURVEY ___ ~ A-B89 1 posl ( N 79' 35' 20' 719.66 PAUL BEAN, INC. VOL. 151, PAGE 139 REAL PROPERTY RECORDS (CALLED 45.54-5 ACRES) 15.560 ACRES " I I ! , FIR h _ ___..._____________ ""_ LEGEND TO -FIR POB . 'OHE- FOUND IRON ROO POINT OF BEGINNING WOOD FENCE: POST OVERHEAD ELECTRIC MIKE L GABEUNE VOl. 654, PG 75 REAL PROPERTY RECORDS-' 30.04 ACRES H.A ClEMENTS ESTATE VOl. 221. PAGE 548 DEED RECORDS 19.042 ACRES MEADOWBROOK GARDENS SHOWING 45.560 ACRES JOHN W. WILLIAMS SURVEY LAMAR COUNTY, TEXAS MAY 1997 EXHIBIT "A" - Page 1 of 2 Pages ,":/: '-, f <.~.< ~.: ,_. lEI HAYT..ER ENGINEERING INCOAPOIlATED I, KENNETH RAY JONES, REGISTERED PROfESSIONAL lAND SURVEYOR, RPlS #3332. DO HEREBY CERnf'Y THAT THE PLAT SI-fOWN HEREON WAS PREPARED fROM AN :"CTUAl. SURVEY MADE ON THE GROUND UNDER. MY SUPERIIISJON ON MAY 13, 199'7' : 'I:-:'~':' . ... .... -.- 'N$ULT"",rs I-Ur4N€n$ EHorNEl;ns ....... .s.L 1.OOP .2oe "An.~. TlIJUlS '-: "2." ......: ~.....) ;/J: A" "~'"'" ,J',).__. ,,, V;J/,c. /" --'-, ...~ .' -">~ 'r1r; .~ /~;Y-7 --.-------- '" b o P.O.B. F'lR I I I I / i I I I 1"' . CITY OF PAR'S COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037. Paris, Texas 75461 .903-784-9234 APPLICATION FOR ZONING CHANGE . ForOfflce Use Only Request Number: 2.oo~-COJ Date Rcvd: I k 10 ~ Mtg Date: TYPE OF ACTION REQUESTED: o Zoning Change rt Specific Use Permit o Planned Development PROPERTY INFORMATION: Address: 3LfI'1) I1Jd 711 e( Id uJn I?A'J :&.r!:SJ ,Tit. (I j ~ 0 rfJQYi!3> Proposed Zoning:R- e.5 i cl e...1'd-'~ (sr~~e4fjf Us.e..-~ r-::a.. VV\.I \u. 'R to SId\-" Jl\ C j e...., (;Ji>)Ci;;'\ '1),\,'1\ ~l: ~ I J~:Ie- r '\ .. - -.', Describe the character and/or nature of uses of surrounding property. f< e. Sid.. uvt uj n .. c,': ' r; Name of Business or Building (if applicable): Lot /3 ~ F- Block 3;L~ Subdivision Current Zoning: A-q n'GII ,Itufe.> What is the proposed use of the property? If No, how do you propose to reduce any adverse impact? Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~ / No Is the tract unsuitable for uses permitted under the present zoning classification? y~ / No If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaIning a zoning change.) Applicant's Name: S ~ r'( l ~ Po 5, f!J t Applicant's Address: 57'+ (.1< ~Sq~o A-f.}b~ ,T~ _ Phone: Q03 73~1.)Q/q Property Owner's Name: )0 h n A-, LtJnWV1..f'R "" Property Owner's Address: 15 J.. L\- W 1< 0.. u + M(t () -Po. f i ~ Phone: 'i 0 3 7 8 if :J.. ~Lo 7 ..................................................................................................... REQUIRED SUBMITTALS (check those items which are included): o Completed application signed by the owner/applicant o Copy of a deed with metes and bounds o Permission letter from owner o Copy of contract to purchase the property I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized agent. si9ned:~- -- -.] p~ Address '11'4. Ct,?jCi&.O Artfu:rC,'-8IIf-..b<)il PnntName: ~_./ ~ Po.s-i'_= Phone Number: q U.~_~ ,oJ.. 4'R Iq Date: I, c." 7,.:Z '.. ~ I Fax Number: Keceived . , ' SWORN TO AND SUBSCRIBED BEFORE ME this q.,.h day of ,202.1.. If Planned Development requested, include also: o Four (4) copies of a preliminary site plan FILED: JAN 0 9 2007 CitY. of Paris City Clerk JANICE WORTHAM NOTARY PUBLIC STATE OF TEXAS 1?IOR Il:' ,'H,) i, -t '_ . '-.~ ...., ~;;:';;.' ~:';';;;;' " 'W l ,,;; lB' · " ,,: ~;~':;'-;';;;;;;-", .:-;~, A -F~'';.;1 ,"'.;;.'" ,"".:;. f~ - - -~ '-"-0. i~ll; ~:) ~.....I I' 'I~ \~ as; )/ ~ 8- ~::?.9' !Of Q. "''''2",. ..a - ~ t= ~ 4,-. iy .<1", ,.s,. ~..., " :1:, '''/;. ~ ~ "q17t !;yQ,., lE " 0 '?,., 0'7 (Of $/../3'06, '-<,<8>, , ~ f 350 . 175 0 350 7pO . -rr~)=.~~-<l.. -~-I1':~o::;..;:r---l.. : ~__ _ rv",:~ _.~~~ -...-.- .. fence 1. "'< 350' u,c' .. vi lUty pole - ! J 3 I ~ " 111) ~ II. ,--;---, / ../.P ~-/ ~ /t..//l__. , --- --:UA, Nelson, RPl...S uf Tex~s, #4025 --..,,-- -~--- Q) (I J--,'/-,';:I d ate- -=- clp '" 1 /2 copped II">., OIJ' r=;S; ~'1 Nelson SurveYing Company 92D N, Mak1 st Par>>}; Texas 7-54$0 5(l;s-~ fu:SCii-7f.l5-,:G;lg E-i08t ;m.~rrw..rt:tn J.M. ~l. ~ F'ro(~ Ulld a.rn,ycr c;J( Ttll.U, ~ po- --- 11>.. ..,.....'11 >nIy ""~ if It .... ", ~ Ilon.tu-. 0N1 ...... Nlr ""'Ill'" moo. ";1 ....Id W. """'"" &..ft:<'. <:ny """*.x:ikr, ... ..tLir -.~ 1iI0<li<l II ~e::(~ ('X' '-ion 01 \h..ir '..."...,1hot utilt)' 10'.. 100 J'O<>' ''''''' ""'- .:n """".. ""4 .......,..; ...""" iHP-w QI' "'UI .....'- QlI\...-.J." n.".. ~" ,- T......1~ __~ l__........ - f -, Pog~:--J-- of-.J..=.. ~ EXHIBIT A r.. '. -G) -,..,...... ~ PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) AMENDMENT , TO CONTRACT CONCERNING THE PROPERTY AT ~?ijOtJ tJ// ~~/~~.f' ~/';-J /' (Street Address and City) 02-13-06 Seifer and Buyer amend the contract as follows: (check each applicable box) o (1) The Sales Price in Paragraph 3 of the contract is: A. Cash portion of Sales Price payable by Buyer at closing .,.......... $ B. Sum of financing described in the contract ......,...........,.... $ C. Sales Price (Sum of A and B) . . . . . . . . , , . . , . . . . . . . . . . . . . , . . . . . , . $ o (2) In addition to any repairs and treatments otherwise required by the contract, Seller, at Seller's expense, shall complete the following repairs and treatments: ~he date in Paragraph 9 of tI1e contract is changed to ~. 2/ , ~ c;'fl ? 0(4) The amount in Paragraph 12A(1)(b) of the contract is changed to $ o (5) The cost of lender required repairs and treatment, as itemized as follows: $ by Seller; $ o (6) Buyer has paid Seller an additional Option Fee of $ unrestricted right to terminate the contract on or before This additional Option Fee 0 will 0 will not be credited to the Sales Price. Buyer waives the unrestricted right to terminate the contract for which the Option Fee was paid. The date for Buyer to give written notice to Seller that Buyer cannot obtain Financing Approval as set forth in the Third Party Financing Condition Addendum is changed to , !B(9) Other Modifications: (Insert only factual statements and business details i'lpplicable to this sale.) Tnu I- r<'.z. ~'7 ,'", ,'';'-, /1 l's e-.Kr~""...t:.,f" h 9" Lr ~~ ~ ~ ~p. ~-L'l'- ..~ ~,;4-4 ~c=-/~ ~/~~ r-~ <.-A1-- iI~.~~. on the attached list, will be paid by Buyer. for an extension of the 0(7) 0(8) EXECUTED the day qf DATE OF FINAL ACCEPTANCE.) . (BROKER: FILL IN THE ,x; ~~ ~/~ Buyer J iC-. Seller Buyer Seller This form has been approved by the Texas Real Estate Commission for use with similarly approv~d 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. Sox 12188, Austin, TX 78711-2188,1-800-250-8732 or (512) 459- 6544 (http://www.lrec.state.tx.us)TRECNo.39-8.This form replaces TREC No. 39-5. (T AR-1 903) 2-13-06 CENTURY 21 EXECUTIVE REALTY 4600. LAMAR A VENUE, PARIS TX 75460-5020 Phone: 903-785-6427 Fax: Century 2] Executive Realty Produced with ZipForm"" by RE FormsNet, LLC 18025 Fifteen Mile Road. Clinton Township, Michigan 48035 WWW.zl01;.1rm.com Page 1 of 1 n.m €I !DlIAIIIOUS1HC OPPQ~TUHITY PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREe) FARM AND ~NCH 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 or as described on attached exhibit, also known as 3400 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, jf 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 ACCESSOR!ES: 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, fjrep/ace 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 all 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"j: l~ 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 ~ . . ) $ lee or mortgage Insurance premIum ......................................... 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..:.JJ.0 per acre. If the Sales Price is adjusted by more than 10%, either P2rty 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 Qg proportionately to 3A and 3 Initialed for identification by Buyer (TAR-1701) 2-13-06 Cenlury 214600 Lamar Avenue. Paris TX 75462 Mike E Russell 5.000.00 27,500.00 and Seller Prnril""At"lI&,a... 7i....r:.....--TU ...., nr ~____., , ,...... ,____ _.. Phone: 903-785-6427 Fax; TREe NO. 25-5 Page 1 of 9 Wnm<>rlr In Pr\</.,. 3400 O~d Tigertown Rd Contract Concerning Paris, TX 75460 Page 2 of 9 02-13-06 (Address of Property) 4. FINANCING: The portion of Sales Price not payable' in cash will be paid as follows: (Check applicable boxes below) ~ 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) gg (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. DC. 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. . I 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 gn 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 -1L- _ and Seller _ _ (TAR-1701) 2-13-06 Produced with ZipForm™ by RE FormsNet, llC 18025 Fifteen Mile Road, Clinton Townshio. Michim," .dRn"l" ".,." ~'~/~.~ M~ TREC NO. 25-5 Page 2 of 9 3400 Old Tigertown Rd Contract Concerning Paris, TX 75460 Page3of9 02-13-06 (A<;fdress 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. 0(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: Installin a double wide Mobil home' bu er a rees to ursue s ecial use ermit from the cit for his and sell r a rees to execu e 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 tile 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, 933.135, 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 S5.011, 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 1N A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by S13.257, Water Code: The real property, described in Paragraph 2, that you are about to Initialed for identification by Buyer and Seller TREC NO. 25-5 (TAR-1701) 2-13-06 D",,.,o ~,.,f a Prnrlllr~rl \Afith ?il'\l::,..,~.....TM 10... nr- "'___"J_~ I. ..... .. .._........ _._ 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 at 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, ~5.014, 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 ~5.008, 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. ~ (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 thefbllowin'g specifitrepair's 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) an pending or threatene Iiti ation, condemnation, or special assessment affectin the Property; Initialed for identification by Buyer and Seller TREC NO. 25-5 (TAR-1701) 2-13-06 3400 Old Tigertown Rd Contract Concerning Paris, TX 75460 Page 5 of 9 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 servi.ce 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: ~ 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 fo 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 onJy factual statements and business details applicable to the sale. TREe 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 -% _ 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 TREC NO. 25-5 Page 5 of 9 Womack to Pose Contract Concerning 3400 Old Tigertown Rd Paris, TX 75460 (AddJess of Property) Page 6 of 9 02-13.06 12. ~ETTLEMENT 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 i~ 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 an'd 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 aSfllediation. Any dispute between Seller and Buyer related to this contract which is not Initialed for identification by Buyer ~ _ and Seller _ TREC NO. 25-5 (TAR-1701) 2-13-06 _ Dr,...,;"...."",,,,.. .....'" "'7:_r-_ 3400 Old Tigertown Rd Paris, TX 75460 (Address of Property) resolved through informal discussion ~ 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 574 CRd 35960 John A Womack Arthur City TX 75411 1524 W Kaufman Telephone: (903) 732-4819 Paris TX 75460 Facsimile: Telephone: (903) 784-2267 Facsimile: E-mail: E-mail: LL 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 Tnwn.hh, 'Ai~h'~__ AMM TREe NO. 25-5 Page 7 of 9 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. CONSULT 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 4lU01, p~ Seller Buyer \ The form of thi~ 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 Townshin Mirhin~n AgM~ ....... _,_,___ _ TREC NO. 25-5 Page B of9 Contract Concerning 3400 O~d Tigertown Rd Paris, TX 75460 (Addre~s Of property) Page 9 of 9 02-13-06 RA TfFfCA TfON 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 Ress~er, Century 21 0218751 Other Broker License No. listing or Principal Broker license No. Associate Associate Mike E Russell , 4600 Lamar AVAnllP- 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) a Seller a Buyer will pay Other Broker 0 a cash fee of $ ora % 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, control/ed, recommended, suggested or maintained by the Texas Real Estate Commission. Seller John A Womack Buyer Shirley 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 CONTRACT AND EARNEST MONEY RECEIPT Receipt of 0 Contract and 0 $ Earnest Money in the form of is acknowledged. Escrow Agent: Date: By: Email Address Telephone: Address Facsimile: City State lip (TAR-1701) 2-13-06 Produced with 7inl='l"'l"",,n.t h.. Or:' r-___I.I_. .. _ . __ _ _ _ TREC NO. 25-5 ~ lSJ [QUAL HfWSINC OPPORTUNITY PROMULGATED BY THE TEXAS REAL ESTATE COMMISS/OI)I (TREC) THIRD PARTY FINANCING CONDITION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT 02-13-06 3400 Old Tiaertown Rd (Street Address and City) Paris 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 wll/ 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: IXl (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 B. 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 M/P), amortizable monthly for not fess 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 J:l Initialed for identification by Buyer ~ _ and Seller _ (TAR-1901) 2-13-06 (excluding year(s), with interest not to year(s) of'the loan with Loan commitment fees) not to exceed Century 21 4600 Lamar Avenue, Paris TX 75462 Phone: 903-785-6427 Fax: Mike E Russell Produced with ZipForm lM by RE FormsNet. Ll r. 1An?~ J:'iftQ.an "Ai'.... 0.........1 ,.,.,,_,. _ TREC NO. 40-2 Page 1 of 2 W{)m~('.k hl Pncp 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 guara.nteed 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 B~YER: "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 proce'eding 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. ~,~, \)~ Buyer l 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. (TAR-1901) 2-13-06 Produced With ZipFonn '" by RE FonnsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, www.ziofonn.com TREC NO. 40-2 Page 2 of 2 Womack to Pose CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037. Paris, Texas 75461 .903-784-9234 APPLICATION FOR ZONING CHANGE For Office Use f'nly \ Request Number: I Date Rcvd: ~~ Ibq 01 Mtg Date: 03 TYPE OF ACTION REQUESTED: ~ning Change o Specific Use Permit o Planned Development PROPERTY INFORMATION: Address: ~~ <J/. 527 ~ C' cPr-~ Name of Business or Building (if applicable): "A-/'".# " aR/S ~ Current Zoning: ~ Subdivision dY C;rq ,/ t3 ~., h-~/...,. - Lot / Block //..3 Proposed Zoning: -f-;?A?K/,1./g / Describe the character and/or nature of uses of surrounding property. .,S'; _1/ Y L:::t ~4?.:>/'~ /yl6~ <L What is the proposed use of the property? ;z::=:' ~~.r<t . ~~7.:?7~N~ , ~~~ Will the re-zoned designation be compatible with the classification and use of adjoining lands? (f;i) No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning c/assification?~ If No, why are you requesting a change in the permitting uses? ~~ ;'(./UA!"5/....v~ A.<>.-?,;:J Ii A..I.( i c(<' . /? / /l -/3,~./ JA,c ;LAlc.?..c'; ~ ~ / OWNER/APPLICANT INFORMATION: ("yOU are not the owner, a permission letter from the owner is required. "you are purchasing the property, a copy of the contract may be used In lieu of a permission letter ONL Y IF the contract provides that the purchase Is contingent upon the applicant successfully obtaining a zoning change.) / ~.L~ /9/1/0/ CY~#// ~~)AJ ~.<:'L Property Owner's Address: ~:-:?'c:::x::) ~~5 P/~ Phone: "TO;:? 7 .R ~66 :2-~ ..................................................................................................... -.h ;<C/.AJ .:::2 .3:><) /~aE'";v'/~ ,L/c!P#'(JL'/"?;I ~e: Phone: 7d.3 7tf ~06~y!.. Applicant's Name: Applicant's Address: Property Owner's Name: RE..QUIRED SUBMITTALS (check those items which are included): ff..completed application signed by the owner/applicant cr' C0J:>y of a deed with metes and bounds . rn1>,..e-fmission letter from owner /'..p.l:i (I OWN -nI'~ I:3'Copy of contract to purchase the property If Planned Development requested, include also: o Four (4) copies of a preliminary site plan I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal La s will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized ag t. Address: Phone Number: Fax Number: <J-/-ft E ME this ~ day of :.e. ~/;:S'?; Signed: Print Nam Date: FILED: 12/06 ,...-....... ti} -............. . ....0Rn.0mY PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREe) ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) NOTICE: Not For Use For Condominium Transactions 02-13-06 1. PARTIES: JOmr :F. BELL sell and convey to LEGEND HEALTH CARE and Buyer agrees to buy from Seifer the Property described below. 2. PROPERTY: A. LAND: Lot 1. Block City of PARI S as 527 & 527 S.E. 8TH (address/zip code), or as described on attached exhibit. B. 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-ta-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: 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. EXCLUSIONS: The following improvements and accessories will be retained by Seller and removed prior to delivery of possession: (Seller) agrees to (Buyer) 1.13 , , County of Addition, , Texas, known 75460 The land, improvements and accessories are collectively referred to as the "Property". 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) ............... ................. .......... ........................ ......... .......... $ C. Sales Price (Sum of A and B) .......................................................................................... $ 10 , 000.00 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) o A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $ (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) o (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 ofthe 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 po/icy 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 , 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 insurance (Title Policy) issued by (Title Com any) in the amount of the Sales Price, a Initialed for identification by Buyer _ _ and Seller fTAR-1601) 2-13-06 10,000.00 IXIr Seller's 0 Buyer's expense an owner policy of title STONE TITLE at or after closing, insurin Bu er a ainst loss under TREC NO. 20-7 Paoe 1 of8 527 & 527 S.E. 8TH Contract Concerning PARIS. TX 75460 Page20fB 02-13-06 (Address of Property) the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat ofthe subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) 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 fumish 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). If the existing surveyor Affidavit is not acceptable to Title Company or Buyer's lender, Buyer shall obtain a new survey at 0 Seller's 0 Buyer's expense 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 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. o (3) Within days after the effective date of this contract, Seller, at Seller's expense shall furnish a new survey to BUyer. D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: Buyer must object not later than (i) the Closing Date or (ii) 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. TITLE NOTICES: (1) ABSTRACT OR TITLE POLlCY: Broker advises Buyer to have an abstract of title covering 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) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property 0 is W is not subject to mandatory membership in an owners' association. If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under ~5.012, Texas Property Code, that, as a purchaser of property in the residential community in which the Property is located, you are obligated to be a member of the owners' association. Restrictive covenants governing the use and Occupancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicato in u ma be obtained from the coun clerk. You are Initialed for identification by Buyer _ _ and Seller TREC NO. 20-7 --- - 527 & 527 S.E. 8TH ConlraclConcerning PARIS. TX 75460 Page3of802-13-06 (Address of Property) obligated to pay assessments to the owners' association. 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 the Property. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in an Owner's Association should be used. (3) 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. (4) 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. (5) 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. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by ~13.257, Water Code: The real property, described in Paragraph 2, that you are about to 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 at 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. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, ~5.014, 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. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seifer 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 Seifer's expense shall turn on existing utilities for inspections. B. SELLER'S DISCLOSURE NOTICE PURSUANT TO ~5.008, TEXAS PROPERTY CODE (Notice): (Check one box only) D (1) Buyer has received the Notice. D (2) Buyer has not received the Notice. Within days after the effective date of this contract, Seifer 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. m (3) The Seller is not required to fumish the notice under the Texas Property Code. 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, shalf complete the following specific repairs and treatments: E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which' cl treatment for wood destroying insects. If the parties Initialed for identification by Buyer _ _ and Sell TREC NO. 20-7 527 & 527 S.E. 8TH Contract Concerning PJi....RIS, TX 75460 Page4of8 02-13-06 (Address of Property) 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. F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments 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 and treatments. 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. 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. 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 March 15 , 2007 , 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 non-defaulting 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 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 ofthe sale and the issuance ofthe Title Policy. C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept backup 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: 121 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 tenninated. 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. TREe rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) THIS CONTRF.CT IS CONTINGENT UPON BUYER OBTAINING A ZONING CHANGE TO PUT IN A PARKING LOT. SELLER IS SELLING BUILDINGS IN AS IS CONDITION. Initialed for identification by Buyer _ _ and Seller (TAR-1601) 2-13-06 Produced with ZipForm'" by RE FormsNel, llC 18025 Fifteen ile oad, Clinton Township. Michigan 48035 WIWV.zioform.com TREe NO. 20-7 Page 4 of 8 8th s.e..zfx Contract Concerning 527 & 527 S.E. 8TH PAEIS, TX 75460 (Address of Property) Page 5 of 8 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: 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. 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 mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion f.2II 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 proce . g i u by the prevailing party. Initialed for identification by Buyer _ _ and Seller TREe NO. 20-7 ~^,...., ..."''''.." "'....... ",... r"\___ r _Ln .r--.-~'''''.- .'--" -~. COlJtract Concerning 527 & 527 S.E. 8TH PARIS, TX 75460 (Address of Property) Page 6 of 8 02-13-06 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, 00 liable for interest on the earnest money and (Hi) 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 liabmty 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 ofthe 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: 2300 CLARKSVILLE 608 Sandau Rd PARIS, TX 75460 San Antonio, Tx 78216 Telephone: (903) 784-0024 Telephone: (210) 564-0100 Facsimile: (903) 784-4560 Facsimile: E-mail: johnbel147@hotmail.com E-mail: Initialed for identification by Buyer _ _ and Seller ~... (TAR-1601) 2-13-06 Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen cad, Clinton Township, Michigan 48035 V\MIWziDform.com TREC NO. 20-7 Page 6 of 8 8th s.e..zfx ~~._-'"'~_..., 527 & 527 S.E. 8TH PARIS. TX 75460 (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) : o Third Party Financing Condition 0 Addendum for Property Subject to Addendum Mandatory Membership in an Owners' Association o Environmental Assessment, Threatened or Endangered Species and Wetlands Addendum a Addendum for "Back-Up" Contract o Addendum for Coastal Area Property o Addendum for Property located Seaward of the Gulf Intracoastal Waterway o Addendum for Release of liability on Assumption of FHA, VA, or Conventional loan Restoration of Seller's Entitlement for VA Guaranteed Loan o Other (list): Contract Concerning Page 7 of 8 02-13-06 o Seller Financing Addendum o Loan Assumption Addendum o Buyer's Temporary Residential Lease o Seller's Temporary Residential Lease o Addendum for Sale of Other Property by Buyer o Addendum for Seller's Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required by Federal Law 23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and Buyer's agreement to pay Seller $ (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 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 0 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. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. Buyer's Seller's Attorney is: A. W. CLEM Attorney is: Telephone: Telephone: Facsimile: Facsimile: E-mail: E-mail: EXECUTED the day of (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) E DATE). Buyer Buyer The for!TI 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)TRECNO.20_7.This form replaces TREC NO. 20-6. (TAR-1601) 2-13-06 TREe NO. 20-7 P~ne 7 of 8 ,.-r---"....'"....._~..- . r 527 & 527 S.E. 8TH PARIS, TX 75460 (Address of Property) Page 8 of 8 02-13-06 Contract Concerning BROKER INFORMATION AND RA T1FICA 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 License No. Listing Broker License No. represents [J Seller and Buyer as an intermediary o Seller only as Seller's agent represents [] Buyer only as Buyer's agent o Seller as Listing Broker's subagent Associate Telephone Listing Associate Telephone Broker's Address Listing Associate's Office Address Facsimile City State Zip State Zip City Facsimile Email Address Email Address Selling Associate Telephone Selling Associate's Office Address Facsimile City State Zip Email Address Receipt of $ OPTION FEE RECEIPT (Option Fee) in the form of is acknowledged. Seller or Listing Broker Date Receipt of 0 Contract and 0 $ is acknowledged. Escrow Agent~ CONTRACTANDEARNESTMONEYRECBPT Earnest Money in the form of Date: By: Address Email Address Telephone: City State Facsimile: Zip (T AR-1601) 2-13-06 TREC NO. 20-7 PaQe 8 of 8 'r~--"-~.''''-- Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1-1-76. Revised to include grantee's address (art. 6626, ReS) 1-1-82. ..q ~, 'I I -d- I cps If 3 5~'r:T I WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That WE, JOHN M. DEFEE and wife, LOUISE W. DEFEE of the County of Lamar and State of Texas for and in consideration of the sum ofTEN AND NO(lOO----------------------------------_______ --------------------------------------------($10.00)---------- DOLLARS and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by grantees of their one certain promissory note of even date herewith, in the principal sum of $15,000.00, payable to the order of the grantor in monthly installments and bearing interest as therein provided, containing the usual clauses providing for acceleration of maturity and for attorney's fees, 0':> ~.;...- r- = 3: ::s: ):>. """T1 ........:; ...,... j= () "!"". ;;;.... -"-'" "':"'-~ rn e> ...,-' -.u -""j 0 ~ '--" C~} c -n = f:,-" C) - I ( :...;-.J 1 ~, ., ,") 1 ..,., \ ' , 25 s:; ~l ~~ ... 1:_ -, I , v I 87~ the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to ERIC S. CLIFFORD Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JOHN F. BELL of the County of Lamar and State of Texas , all of the following described real property in Lamar County, Texas, to-wit: All that certain tract or parcel of land situated in Lamar County, Texas and described as follows, to-wit: A part of the Larkin Rattan Survey, on the East side of High Street, formerly designated as 26th Street, and now known as 8th St. S.E.; (Cant I d) 'EFn CQQ".U;0 .(J." th ,,\J L,..,,:", ~.,::~ -.,--.~,-~----~--,.-----.----..-.--.."-.-.. ..w.,_" ... -..-.". ....--..-.-"~-......-..".---.-.-~__-.-...-".,...., ". -"-~...,-,. r BEGINNING at a stake in the EB line of said Street, same being a point 312 feet North of the NW corner of a tract formerly known as the Nancy C. Wright 11 acres and being the NW corner of a tract of land as described in Deed of Trust from Mrs. Cartha Wood to 0.' W. Boswell, Trustee, of record in Book 58, Page 246, of the Deed of Trust Records of Lamar County, Texas; THENCE EAST 214 feet; THENCE SOUTH 110 feet; THENCE WEST 214 feet to a stake in the EB line of 8th St. S.E.; THENCE NORTH with the same 110 feet to the place of beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantees, their heirs and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee s , their heirs and assigns, against every person whomsoever lawfully claiming or to' claim the same or any part thereof. But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions and easements, mineral reservations or leases, if any, relating to the hereinabove described property but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State. EXECUTED this 12th day of ~rS::h , A. D. , ) t:/ <:::-,,\-~":;2'(' }23i21 '7 /}/ /.-'->f7-"<-5<_ - -----------------------1/:.--------------- '- JOHN M. DEFEE 1984 ~JJISE W. p~iEE;,.. ,~l,',_i.,k-o,'"-~..- - ie!-: - -'. !CT--'-'-.:S"-~~ - - -- , DEED hi.>~l D,l 'C .-;! P-7r~ Llt;I,) I n'.JL ..l. ! \) ---~.,..."."...__..."_.._.-.-..>. ".-...-.._~-_._.^.."