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05-A Zoning Change Request 2885 Stillhouse Rd DRAFT F:ALICE\ORDWORK\CURRENT\11-12-07 Zoning Ords November 2, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A 6.5708 ACRE TRACT OF LAND OUT OF THE REDDIN RUSSELL ABSTRACT NO. 786, AS MORE P ARTICULARL Y DESCRIBED IN EXHIBIT A ATTACHED HERETO, BEING LOCATED AT 2885 STILLHOUSE ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MUL TI-F AMIL Y DWELLING DISTRICT NO.2 (MF -2) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENAL TY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone a 6.5708 ACRE TRACT OF LAND OUT OF THE REDDIN RUSSELL ABSTRACT NO. 786, AS MORE P ARTICULARL Y DESCRIBED IN EXHIBIT A A TT ACHED HERETO, BEING LOCATED AT 2885 STILLHOUSE ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS, City of Paris, Lamar .- T rT" County, Texas, from AGRICULTURAL DISTRICT (A) to MULTI-FAMILY DWELLING DISTRICT NO.2 (MF -2), said property being more particularly described by metes and bounds in Exhibit A attached hereto. Section 3. That the Chief Building Official ofthe City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions ofthe ordinances ofthe City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions ofthis ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights ofthe municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention ofthe City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any of the provisions ofthis ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. That this ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of November, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney rT'.' Rekrence Beorlng: W' ip (f) @ SWC to ~.. elp (f 0 NWC today assumed N 26'57'07" W) CP No. 460891 0008 A F'HBM Disk-969/TH Omega 9-19-07 86'45'33" E 505.04' t..~ . tl~ ,~ -t. q.. ~ ~ ':3~ ':5 \ ~<> ">..... ~ ~ <3- q, ijI~. 1;'\..... roti;.\0 \too':! .. 6.5708 AC 286,225.28 SF ,,!>,\Q ,?o~/t; ?,r{o · '40\' f>.C' \1'l-'~ L.. If' ~ ". ~ -'0 ~ (.0 ~ 't$> \ J'I "l<"Q> ....0t5' .7>. 'Q 'lr~ z... "l<"J 1,,1" .... 4:- C'i> o J'I Sl', ,:' ..90' ;!, ~ '09~;=>0', -;-r'~. If... "0 r', ~ .sO' ....6'-2 b~, 'OS~IlJJ It-- .f$".. o '0/ ~ '*" 125 I 63 o 125 - [ 250 l -<i~ d- - J.M. Nelson, RPLS of Texas, #4025 ~/fj .'>7 date 1" = 125' ~ I ~ Nelson Surveying Company 920 N, Main st, Paris, Texas 75460 903--785-3551 fax: 903'-785-3399 E4naI: ~t J.M. NelIon, RegIutered rrofe88loMl L.and SUrveyor of Tello, 14025 All pages, the Plot, the Field Notes, and the Legend/Generol Notas, ore one document. ' None of tha above ore to be recorded wi~hout the othera. pago:--Lof....9..- EXHIBIT A r.T LEGEN6 CAPS SYMBOL DESCRIPTION SYMBOL DESCRIPTION @ clp copped iron pin ml1 manhole ok copped iron rod c/o clec:lnout en copped noil wm woter meter Ip iron pin gm gas meter Ir iron rod fh fire hydrant CAPS found wv water valve (0 .@ (9) aet up utility pole (frs) found, reast PI' power pole p poat vI utility line mp metal FOlilt us utility eosernent CAPS !pipe iron p!Fe bl building line M@ It center tine e&g curb & gutter \l!. property line CO\!. covered $.. survey line cone. concrete 4025 It. flow line 11'9 IlCluld propane gas FF finished floor etp phone pedestal CAPS clp ehaln link post dra. drainage ... -=- elf ohaln llnk fence e!.m'it. eosement ~ -x- fence util. utility FH8M Flood Hazard Boundary Mops ac air conditioner ??7?? FIRM Flood Insurance Rote Mopa b/c back of curb iev irrigation control valve ols offset lob Irrigotion control box .1 SURVEYOR NOlfS I 1. This survey, both plat and field notes, ore only volid if it has an ori9inol sIgnature ond seal. Foxed or emailed copies are to be used for Inspection purposes only. Signed copIes will be mailed to reql,l1r~d parties. Any chonges made will void this survey. 2. This survey is for the LIse of the perty or parties csrtlfied to in tne certificotlon. It is not Intended to be used by parties other tnon those certified to. Surveyor ossumes no liability for ony unauthorized copies. 3. FLOOD ZONES o. Rural 100 Year Flood Zones ore scanned ond inserted \.lsing Flood HOOi:ard Boundary Maps. os noted by the CommunIty Panel No. on the plot and field notes. b. Urban 100 Year Flood lOMS may be soonned and Inserted. but also may be located by elevations. if elevotlons ore Clvoilable. from on actual survey mode on the ground, using informotion from th~ Community Panel No. of the Flood Insurance Rote Mops os noted on the plot end field notes. c. Surveyor assumes no liability for floods CO\.lsed by abnormal conditions, either by mon-mode or notural causes, in or out of flood zones. 4. Basis of bearing (reference beorlng) maybe assumed, tied to deed colis of the subject tract, to on odjoining tract, or to 0 relotsd item. Th~ basis of bearing will be noted on the plat and field notes, but may not join the S\.l b Jed trect. 5. Some corners cannot be set around and under f~nces, but w~ show 0 ref~rence from a nearby post or other known and locatable object. 6. FENCES a. along: boundory line is the fence \.lnless otherwise noted. b. with: boundary line IS near or alongside of fence unless oth!:rwise noted. 7. Check plots and field notes for additional informotion on substantial differences between legal descriptions on th e deeds and acutol surveys mode on the ground. 8. Before any construction. 011 utility companies or their agents, should be contocted for locotlon of their respective ut1l1ty lines. whether the I,ltility line is overhead or underground. I'" ~ Nelson Surveying Company \ i / 920 N, Main Sl Paris, Texas 75460 ~ 903-785-3551 fax: 903-785-3399 E-rnat netsc:mn~t J.M. Nel8an, Fk;g\&tered ProleBlllone.l Land ElurveYQI'" of Texae. +4025 All pages, th~ ~Iat, the Field Notes. and the legend/G,merol Notea, are one document. I 9-19-07 - None of the above or~ to be recorded without the others. ~oge:...c::..2-of .d r."- -- Jim Nelson dba Nelson Surveying Company :':: 920 North Main Street Paris, Texas 75460 903-785-3551 fax 903-785-3399 e-mail: nelsonsurveying@suddenlink.net Jim Nelson, owner J. M. Nelson, Registered Pro~sslonal Land Surveyor of Texas, #4025 DI.k.9G9/Dmega RRu.:m1l1'l7S6 Stillhou~~ Road Rereran~.a IlMrlng: }<j" 10 (I) @ SWC 10 1'0" clp (f) @ NWC loday (a.~umocl N 26'57'07" W) ~_L,O ~OTE~ Situated within the Limits of the City of Paris, County of Lamar, and State of Texas, part of the Reddin Russell Survey #786, and being part of a called and. being a part of a called 172.5 acre tract of land conveyed to May Belle Dunagan by deed recorded in VoL 208, Page 316, of the Deed Records of said County and State. Beginning at a %" iron pin (f) for corner at the Easterly Northeast corner of a called 31.61 acre tract of land conveyed to North Lamar Independent School District by deed recording in Vol. 714, Page 748, of said Deed Records, said North lamar ISO 31.61 acre tract originally being a part of said Dunagan 172.5 acre tract. .. Thence North 26057'07" West a distance of 798.43 feet to a %" capped (NELSON SURVEYING) iron pin (f) for corner at the Northerly Northeast corner of said North Lamar ISO 31.61 acre tract; Thence South 86045'33" East a distance of 505.04 feet to a Yi:" capped (NELSON SURVEYING) iron pin (s) fot corner; Thence South 35~43'12" East a distance of 448.76 feet to a Y:," capped (NELSON SURVEYING) iron pin (s) for corner; Thence along the Northwesterly Boundary Line of said Still house Road I Lamar County Road 41100 as follows: South 54043'04" West a distance of 43.45 feet to a W' capped (NELSON SURVEYING) iron pin (f); South 5502'33" West a distance of 162.05 feet to a %," capped (NELSON SURVEYING) iron pin (f); South 51044'20" West a distance of 98.92 feet to a %" capped (NELSON SURVEYING) iron pin (f); South 48017'45" West 6. distance of 105.04 feet to a W' oapped (NELSON SURVEYING) iron pin (f); South 48054'59" West a distance of 106.10 feet to the place of beginning and containing 286,225.28 square feet, or 6.5708 aores of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify to Tommy Haynes and Omega, that the above depicted and described tract of land was taken from an actual sUNey made on the ground and completed by me on the 19th day of September, 2007, that the Plat, the Field Notes, and the Legend/General Notes, are to be one document and are to be recorded as one, that thete doesn't appear to be any visible improvements, easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a flood zone as indicated by Community Panel No. 480891 0008 A of the Flood Hazard Boundary Maps. <::J2 -- /V~ -. J,M. Nelson, RPLS of Texas, #4025 ?.-I?. ?7 date ~r: OF ~ ,,-"\~,,~""~.l ~~ ~..,i, G \ g ,. ~ ;:...."1.: l~ *'r~\@ ....l .0 \ ..j~/.."...~."....".'''. 1 ...,......Jy1 NELSON"""'" :.-,;1 ,.......... ;.".1\ 4025........7.'...... -..oJt'o . 't;<~,/ ; <'4. "'''~ S S \ 0"'.." 'lto .............. ~ . 8URVE'(O. ; ~,. Page -.:!.- of~ rT- MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa A. Wright, Director of Community Development SUBJECT: Zoning Change Requests DATE: October 24, 2007 The following zoning change request will be presented at the November 5, 2007, meeting of the Planning and Zoning Commission and the November 12,2007, meeting of the City Council of the City of Paris for consideration: 1. Omega Healthcare Investors is requesting that the property located on a 6.5708 acre tract of land, being a part of the Reddin Russell Survey, Abstract No. 786, and being number 2885 Stillhouse Road, be rezoned from an Agricultural District (A) to a Multiple-Family Dwelling District No.2 (MF -2). The Comprehensive Plan recommends that this property be zoned for . moderate density residential uses. cc: City Attorney's Office rM1f- --- CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037. Parts, Texas 75461.903-784-9234 :'.- APPLICATION FOR ZONING CHANGE For OIflce Use Only Request Number: - Dat~ Rcvd: \tl ~\.t.\t)\ Mtg Date: \ I. \ s \ () ( TYPE OF ACTION REQUESTED: qg Zoning Chahge o speclfic Use Permit 0 Planned Development ( PROPERlY INFORMAnON: Addf'e$S: ;2. g 3 S ." 5 f: 1/ 11 ~~ (~. Ad. Per,'!.>, Tx 7SLf6'O Name ct Business or BuDding (if applicable): Lot Block Subdivision Current Zoning: ~ Proposed Zoning: fY) V -;l.. What is the proposed Use of the property? f\Jl)(l')I~G ~<c... Describe the character andJornature of uses of surrounding property. A5"5"I5TZJ) ~v,~C I 1~'b<i{>,.,ro"D~ U\.h.~C" J.k;, Sll'T'P\\... Will the re-zoned designation be compatible with the classifiCation and use of adjoining landS?@' No If No, how do you propose to reduce any adverse impact? 10Ft Is the tract unsuitable for uses pennitted under the present zoning classification? ~ / No If No. why are you requesting a change in the permitting uses? P Ik OWNERlAPPUCANT INFORMATION: (If you are not the owner, a permlslJlon leUerfn)m tile owner I. required. If you are purcIIU/IrfI file property, . copy of the contnM:tw.y be wedin lieu.'. perm/s6k1n /lltlerONLYlFthecontnlCt provides thIIttltepurchllH Is contingent UJIOfI fhe.ppl/t:llnts~~. zoning chIInge.) Applicant's Name: Ol'Y\l\..'-Pr Hcc..r:fI.~IViCL I ~lItS'"Tba-( AppIIcant'sAddress: ..3~"\ t> l)'tJiRl(..co p'bAD.S'~"", 1001 llNlOI\)/I.l'"'\ 1'\1) ~16'"13>Phone: y to 'fJ. i 17 i J . ./ ( ,/ Property Owner's Name: ~'t:,\ 11+N-t~t<. PrND ~~ r V\- ~ &p ~ . Property Owner's Address: ";cFf) ~B-o)i" ~ \ !>NM"'IlJ< 7")lf\oO Phone: 9cl., f1 ~ '111/ ..................................................................................................... RfJlUlRED SUBMITTALS (check those Items which are included): iipleted appUcation signed by the owner/applicant ~ Development requeetBd. include also: of a deed with metes and bounds ~Four (4) copies of a preliminary site plan 1B'"P;tli'mlssion letter from owner . !D'topy ct contJact 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, :::~~nd.:-'" be........ _. __ hem. _ or not. I'"""'....' am the owner "'..........- or No Signed: -= ~ Address: (OO\d2.c~5TIM(lf1("'QI;\5bll'LIMorL~~ Pr1ntName. 0 ~ ~IA;/'-:> Phone Number:...9.Ji ~~ tl~b lV'tf 75!>J.? Date: !c- q-c'") FaxNumber:-.::r:l_ __. - J SWORN TO AND SUBSCRIBED BEFORE ME this t1fJ., day of oc4-0 pc"- , 20 0 :t-. ReceJ.ved -. FILED: OCT 1 7 Z007 City. of Paris City Cierk. 8. .. . DIANA emstINA..~1lMAX '.. My CommIISIOI\ Expires . AptlIll, 2010 12106 rr-- 1001 Cross Timbers Road Suite 1310 Flower Mound, Texas 75028 Fax:972 8990231 LMG Development, LLC October 9, 2007 The City of Paris Attn: Jeanna Scott 150 South East 1 st Street Paris, Texas 75460 Dear Jeanna: I am enclosing the application for zoning change that I discussed on the phone with you today. Our client, Omega Hea1thcare Investors is purchasing the property from Haynes, Haynes and Jones GP. I am enclosing a check in the amount of $200.00, Application signed by myself, partner ofLMG Leasing, LLC and agent for Omega Hea1thcare investors, a permission letter from the owners and a copy of the contract to purchase the property. Jim Nelson has been contracted to submit the preliminary and final plat of the property. He will supplement the missing information on the application (address, Lot-Block-Subdivision) The Copy of the deed will be sUpplemented to you by either Jim Nelson or Tommy Haynes. After working on over 15 similar projects in Texas over the last 10 years, I would like you to know what a pleasure it is dealing with such a professional and accommodating individual as yourself. If you have any issues that I need to address with the application, please do Dot hesitate to call me at 972 953 6946. John Griffin . . -e . . . . . . . . . . . . . . . . . . . . . . . . . T rlr--. Jim Nelson dba elhI6;-r (I') Nelson Surveying Company 920 North Main Street Paris, Texas 75460 903-785-3551 fax 903-785-3399 e-mail: nelsonsurveying@suddenlink.net Jim Nelson. owner J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025 Disk-969/0mega RRussell 1/786 Slillhou.e Road Reference Bearing: W' ip (I) @ SWC to %" cip (I) @ NWC today (assumed N 26.57'07" WI FIELD NOTES Situated within the Limits of the City of Paris, County of Lamar, and State of Texas, part of the Reddin Russell Survey #786, and being part of a called and being a part of a called 172.5 acre tract of land conveyed to May Belle Dunagan by deed recorded in Vol. 208, Page 316, of the Deed Records of said County and State. Beginning at a Y2" iron pin (f) for corner at the Easterly Northeast corner of a called 31.61 acre tract of land conveyed to North Lamar Independent School District by deed recording in Vol. 714, Page 748, of said Deed Records, said North Lamar ISO 31.61 acre tract originally being a part of said Dunagan 172.5 acre tract. Thence North 26057'07" West a distance of 798.43 feet to a Y:t capped (NELSON SURVEYING) iron pin (f) for corner at the Northerly Northeast corner of said North Lamar ISO 31.61 acre tract; Thence South 86045'33" East a distance of 505.04 feet to a Y2" capped (NELSON SURVEYING) iron pin (s) for corner; Thence South 35043'12" East a distance of 448.76 feet to a W' capped (NELSON SURVEYING) iron pin (s) for corner; . Thence along the Northwesterly Boundary Line of said Still house Road I Lamar County Road 41100 as follows: South 54043'04" West a distance of 43.45 feet to a W capped (NELSON SURVEYING) iron pin (f); South 5502'33" West a distance of 162.05 feet to a W' capped (NELSON SURVEYING) iron pin (f); South 51044'20" West a distance of 98.92 feet to a Y2" capped (NELSON SURVEYING) iron pin (f); South 48017'45" West a distance of 105.04 feet to a Y2" capped (NELSON SURVEYING) iron pin (f); South 48054'59" West a distance of 1 06.1 0 feet to the place of beginning and containing 286,225.28 square feet, or 6.5708 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify to Tommy Haynes and Omega, that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 19th day of September, 2007, that the Plat, the Field Notes, and the Legend/General Notes, are to be one document and are to be recorded as one, that there doesn't appear to be any visible improvements, easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a flood zone as indicated by Community Panel No. 480891 0008 A of the Flood Hazard Boundary Maps. 0' _~~_ /{,./1 i~/P.'77 date J.M. Nelson, RPLS of Texas, #4025 Page~of~ T rT-- September 26, 2007 R. Lee Crabill, Jr. Senior Vice President Nursing Home Operations Omega Healthcare Investors 9690 Deereco Road, Suite 100 Timonium, MD 21093 SUBJECT: 6.5708 acres on west side of Stillhouse Road Dear Mr. Crabill, This letter gives authority to Omega Healthcare Investors and to LMG Development, L.L.C. to submit for the zoning change to the City of Paris for your proposed use of the 6.5708 acres attached hereto as Exhibit (1), giving the legal description of the property. If you need additional information, please do not hesitate to contact me. Sincerely, -;-. l ~ e. ~~~ Thomas E. Haynes General Partner Haynes, Haynes, and Jones T r-T- , ~UG-29-2007(WED) 11:08 Stone Title (FAX}903 785 6792 P.002l018 (S) '-- -" PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TRee) 02.13-06 UNDMPROVEDPROPERTVCONTRACT NOTICE: Not For uac For Condominium Transactions 1, PARTIES. U., I . ..-t.$ C!. -r;; e.,S, 1; s GCI\CI'A \ fi..tncl".sh,' (Seller) ag~ ~n convey to.oJ.M:. . e. (Buyer) and Buyer agreesp;o Duy from "Self! r t e PropertY escrlbe be w. ~ PROPER : Lot "...Ii' . B~J'~' R dJ.\~ Russ~ \\ f.: City of . ~, . It unty 0 0 l DO Texas, known as " .."'. . (address/2:Ip code, or liS eScrt Q en attac ex I It toge er wi a rlgl ts, p'nv ages and appurtenanees pertirining thereto, Including bLlt not UmiteC2 to: water rights. C:l<ilrn$, permits, stl'lps ancl gores, easements, and c:DopcratJvr: or l:J$socletlon memberships (the Propert'{). 3. SALES PlaCE: ' \." 5 "'I S A. cash portion of sales Price payable by Buyer at closing .................. $ I J ^t) . () 0 B. Sum of all financing described below (ClCCludlng any loan funding fee or mortgaga Insurance premium) .................................Uh...a.... $'lL- C. Salas Price (Sum of A !!lncl B) ..................................................... $ I"; I a.D3. 0.' 4. FINANCING: The portIon of sales Price not payable in ca$h will be paId as follows; (Chec:Jc ~pllc:able boxes below) I.J A. THIRD PARrY FINANC:tNG: One or more third parly mortgage loans In the total amount of ~ (excluding any loan funding fee or mortgage Insurance premium). (1) Propertv Approval: If I:tac Property does not satisfy the lenders' underwrltlng requirements for the loan(s), this contract will tcrmlni!1te and the earnest money will be refLInded to Buyer. .. (.2).Elnanclng Appraval: (Chedc one box only) o (a) Thlli contract 15 $UDject to Buyer tieing approved for the financing C2escrlbed In the attached Third Party FInancing ConditIon Addenclum. . o (b) ThIS contraCt Is not subject to ESuyer being approved for financing and does not Involve FHA or VA finanCIng. CJ a.ASSUMPTION: The assumpticm of tile unpaid principal balance of one or mar~ promissory ,.... notes described In the attached TREe L.clan Assumption Addendum. i0oi C.SELLER FINANCING: A pJ'CImlssOry note from Buyer to Saller or $ . secured by vendOr'S and deed of trUst lieM, and containing the terms and eonditlans descrfbed In the attached TREe Seller Financing Addendum.,If an owner policy of title insurance Is furnished, Buyer shall Nrnish Seller with a mortgagee polh:y of title Insurance. S. EARNEST MONEY: Upon execution 0 is c:o~ct both p.!rtles, Buv~1' shall deposit $ 'O,OCC.~~ as ea ~t C?n Ith -nt'1f. 'J: . as c:oCl'OW agent, at '/' . . (address). Buyer shall depOSit a itiona eamcst money 0 ogent within _ dayS aft~r the effective date of thIS r:ontract. earnMt money as requlrecf by this contrac:t, Buyer will be In default. 6. TtTLE POUCY AND SURVEiY: A. l!T1.E POLlCY: Seller shall fumbh to Bu rat !her's Oauyer'$ ~ se an Ower policy of title Insurance (TItle Policy) Issued by. ff: ~ ('Iitle Company) In the amount ot the sa Price, ate a or a r 109. nSUrlng Buyer against lass unCler the provisions of the Title Pollc:y, sul:ljed: to the prcmulgated exClusions !lnclUdlng exISting building and ~onlng ordinance::) Dnd the fOllOWing. exceptions: 1j Restrictive covenants common to the platted subdivision In whlcn the Property IS located. 2 The standard printed ~ceptlon for standby fees, taxes and assessments. 3 Wens created as part of the flnancing described In Paraoraph 4. . 4 Utility easements created by the dedlCatlon deec1 or plet of the subdivisIon In which the Property Is located. (5) ReservatiDm; 01" exceptlons otherwise permitted by this (;Qntr..lctor as may be approved by Buyer In writing. (6) The t;tandard printed exception as to marital rig hts. (7) The $tandQrd printed exception as to waters, t1dclanClS, beaches, streams, and related matters. (B) The standa~ printed exception as to discrepancles. conflicts. shtJrtages in area or boundary lines, encroachments or protnJslcm;, or cwerlappi!l9 lrTJl'rovemenlS. auy~, at auyer's expel'l:lc, may_have tile exceptIon amended to read, -shcrmges In area-. a. COMMITMENT: Within 20 days after 'the "tIe eClm,,;"y rtc:elves 8 copy of this contract. Seller shall fuml$h to Buver.a commitment for title Insurance (COmmItment) and, at ESuyer's Inltlalea for ldontll'leatlon by Buver TRee NO, 9.6 010/200 'd 2&,9 58L EO&(X~j) aI:!)l auo:!s 52: Ii (3nUL002-VO-d3S T r"1r .-", 'HUG-29-2007lWEO) 11:09 Ston~ Tale (FRX)903 785 6792 P.003/018 Colltr.et Conctrnll'lG W4S;' s\~~ or:;. <;+, \\~ ft.t LA'MIl.Y"Co, 2~3Jc.l.{n"o, elQlt\$ PliO- 2 af8 02-13-OG IAdd~ or Pl'f>>~Ql't'I'l expensa, legIble copies of restrictive covenantS and documents evidencing exceptions In the Commltmant (Exeeation Documents) other than the standard prlntad ~ccptiOM. Soller authorizes the 'ntle I:ompany to deliver the COmmitment and =:ceptlon Documents to Buver at Buyer's address shown In Paragrap-,", 21. If the Commitment :Jnd exception Documents are not delivered to Buyer wlthin the $p~Clfied time, the time for dQllvery will be i/lutamntlcully extended up to 15 dayS or the Closing Date, whIchever Is earlier. C. SURVEY: The survey must be made by a regIStered ~rofessJonal land surveyor accep,table to c Title ~ClmpDny encJ any lender. (Chedc ~me !:lox onlY) . ' and ntle Company SeUer's exlstlng .survey ot the Property and ~ lei ReGl propertY Affidavit promulgated by the Texas Department of ffidaVIC)', If the existing survey Clr Affidavit is not accepm,ble to ntle or Buyer's lender, Buver shall obtain a new survey at Cl Seller's I..J Su ense no later than 3 days prior to Closing cate. If Seller falls to rumls sting surveyor AffJdavlt within the time prescribed, Buyer 5h~11 obtai w survey at Seller's expense no later than :3 days prior ~o Closing Date o (2) Within s after the effective date of this CQnb'ac:t, Buyer 5h:sll obtain a new SUN uyel'ls expense. Bu~r Is deemed to receive the survey an the date af actUal -./ ., leI. lEI (3) Wlmln go days after the effeCtive cia e af this cantmct, seller, at Seller's expense shall fum~h a new :iUl'VCV to Buyer. D.OBJf:CT10NS: Buver may objQCt In wrltlng to CJ) defects, exceptions. or encumbrances to title: disclosed on the !:urvcy Other than Items SA(1) through (7) above; or dt:clO"..cd In the Commitment ather than Items 6A(1) through (8) above; (II) any portIon of the Prope~ lying In a spedal flood ha::ard area [Zone V 01' A) as shown on the current Federal Emergency Manage t Agene- map; or (III an exception whi problb t ~ fol O~I or .actMty: J.. I Cct.l .; '" I ~,' ur- Buyer muG!: obJGCl: n&:lt later than (I) the Closing Date or (II) ~ Clays af1;ar' Buyer receives tne Commitment, exception Documents, ami the survey, whlCnever Is earlier. Buyer's failure to object within the time allowed will C;Q~t1tuto OJ waiver of Buyer's right to ob1ect; except that the requirements In Schedule C of the COmmitment are not waived. Pravlcled S"eller Is not obligated to Incur any expense, Seller snail cure the tlmelv abJectiOt1s of Buyer or l,Iny thlrcl partv lender within lS da~ afWr seller receives the objectiOns and the Closlng Date will be ClICtendeCl as necessary. If abjections are not cured wltllln such lS clay period, this contract will tenninatc . and the earnest money will be refunded to Buyer unless Buyer waives the objed:IDn5. E. TITLE NOTIC:I!S: (1) ABSTRACT OP. 'TITLE POUCY: Broker ad"ltises Buyer to have an abstract of title covering the Property examined by an attame)" of Buyer'/; $CIactlon, or Buyer should be furnished with or obtain a lltla Policy. Ir a Title Pelley IS furnished, the Commitment Should be promptly reviewed by an attorney of 8uyer's Choice due to the tlme limitations on Buyer's right to ob'ed:. (2) M~NOATORV OWNERS' ASSOCIATION MEMBeRSHIP: The Praperty Clls ~;$ not GubJect to mandatory membership in an owners' assoCiation. If the propes:tY Is $u'b1ect to maniiatory membership In an owners' a=:oelatlon, Seller notifies B~r under 15.012, iexas Prcpe&:tY Code, chat, as a purchaser of property 'In the residentlel c;ornmunitv In whlcfl tne property IS located, you an! Obligated to be a member of the owners' C1ssoclatlan. R.estrlcthte covenants govemlng the use and occLlpnney of the Property and a dCldic:atory Instrument governing the establishment, maintenance, Bnd opelCltion of thlsl re5ldcntlal cClmmunlty have been or will be recorded In the R.eal ProPertY Records of the ccl.lnty In which the Property Is located. Caples of the restrictive c:ovonants and dedicatory Inswment may be ob=lnei:1 from the county dc:rk. You are obligated to pay Qssessmen~ to the owners' association. Tne amount of the assessmont5 Is subject to chan_ge. YOLlr f;!/Iure to pay the assessments could result in B lien on and the foreclosure orthe Property. If euyer 1$ concemed about these matters, the TRee promulgated Addendum tar Property Subject ta Mandatory MembershlpJ~ an Ownl!ll"s Association snouJd be wed. (3) STATUTORY TAX DISTRICTS: If the prop'e~ ~ situated in a utllll:V or other statutorily created distrIct providing wl.\ter, sewer, ClraJnage, or flood control taclUtles and sarvlce5, Chapter 49, ,.~S water Code. requlrd Seller to deliver and SINer to sign the statutory notice relating to the tax rate, bonded indebtedl'\e5s, Or standby fee af the dtstrla prior to final executiOn af thIS contract. (4) nee WATERS: If the PropertY abut:: the tidally influenced waters of the state, 633.135, Texas Natural Resources Code, ~ulres a notIce regarding coastal area propertY to be Inelude1:l in the contract. AI"! addendum CCln~lnlng the notice promulgated by TP.EC or required b'i the parties must: be used. (5) ANNEXA110N: If tne Propertv Is located outSide the limits of a munic:ip~JII;v, Seller notifies euyer under jS.Oll, Texas Property' Code, that the PropcJ'ty may now Or fatQr be Included in the extraterritorial juris I on of a munlc:lpnlil:y and may now or later be subjElct to Initialed for IdentIfication by Buyer ~ and Seller 'l-~ TREe NO. 9-6 OlO/fOOd 2&L9 58L EO&(Xijd) ill~ U ilUO~S 52:1l (3nl)L002-VO-d35 T ,,-- ~UG-29-2007(~ED) 11:09 Stone Title (FRX)903 785 6792 P.004/018 Contf1lctCOnccmlnll~rl ,S;1.l.e 0 F ~~\t~ R.a~l~~. U\\c4\\Qo, ~~ papa DDra ~.:l3OO6 (Addr... IIf ~pllrty) annexation by the munlclj:ltlUty. each municipality maintains a map that d~pld:S It$ bcundarl~ ani:! extraterritorial jurisdiction. To determine If the Pl'Opel1:y Is. located within a municipality's extraterritorial jurisdiction or 11: likely to be IOOltcd within a munlclpalltv's Qxl:r'3terrltorlal jurisdiction, contact all municipalities located In the genc~J proximity afl the Prope~ for further Information. (6) PR.OPERTY 1.0CATED IN A CERiIFIc:ATED SERVICe AR.EA OF A 1J11\J'TY SERVICE PROVIDER.: NCltl~ required by 613.257. WiJtor Coda: Tho real property, described In Paragraph 2, that you are about to purchase may be located In a ccrtlfl~tecl w"ter or sewer service area, which IS authorIzed by law to provide water or sewer $ervlcQ to thl'! pn3portles In the c:ertlfil;ated area. IF your property Is located In a certlflcated area there may be special CCl$l:!: or c:harge$ that you will be ~quJred to pay before you can reeeive water Or sewer servIce. There may be a period required to consttua lines or other facilities ne<<:essary to pl'Qvide water gr sewer $ervlce to your propertY. You are advised to determine If tho proPertY Is In a certlncated area and contact ttie utility service provider to determine the cost that you will be required to pay and the perJod, If any, that IS required to prwlde water or $ewer service to your proper:ey. The undersigned Buyer hereby acknowledges re~jpt of the foregoing l10tlce at or 'herOM the executIOn of a binding contr.lct for the plJrr:h~e of the real property described In Pa~~~Jlh 2 or at dOSing of purcnase of the real prope!"I:V. (7) PUBI.1C IMPROVEMENT DISTRICTS: If tne property is In a public Improvement dl$tflct, ~S.014, Proporty Code, requlre:s Sellell' to notifY Buver as follows: As a putc:haser of this parcel of real t1ropertV you are obligated to pay an assessment to a munIcipality or county for an Improvement prqJect underliaken 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 af tile assessment ilnd the due Clates of that assessment may be obtained fl"Clm the munldpalltv or county levying the assessment. The amount of the ~ents is subject to change. Your failure to pay the assessment$ could result In a lien on and the forectOSl.lre ofy~rp~e~. . (8) ~ AGRICUL.TURAL DEVElOPMENT DISTRICT: Tl'ie Prope/"tY [J 1$ C 15 nat located In a Tex:.s Agricultural Development DIStrict. far additional Information, C::ClRtact the Texas oepanrnentofAgr~uku~ 7. PROPSR.1Y CONDrnON: A. ACCESS,INSPECTIONS "NO UTILITIES: seller shall permit Buyer Otnd Buyer's agents access to the PropertY at reasonable t1m~. Buyer may have the Prop,ertY InsPected by Inspectors selected by Buyer and licensed by TRee Or otfle:rwlse pennltted by law to make In::pec:tlons. Seller at Seller'S expense smsll turn on exISting utilities f'Or InspectiOns. NOTICE: Buver should determine the avallaf)iIIty of utilities to the PropertV suitable to t::!5tlsfy BU~l!ll"s needs. B. ACc;ePTANCE OF PROPER.TY CONOmON: Buyer accept:s the Property I" Its presont condition; provided Seller, at Seller's expense, shall complete tlie following: . ~ ~ C. COMPLElION OF RePAIRS: Unless otherwise a5lreea In writinQ, Seller shall complete all agreecj repairs prior to the Closing Date. All required permit:.; mu~ lJe obtained, and repair.; must be pel"formCd by persoJ'ls who anlt Iicen""..cd or otherwise permitted by luw to provide suc:h repairs. At B~er's election, any transferable wanantJes reccr\red by SeDer with respec:t to the repairs will be tran$fQ~ to Buyer at Buyer's expense. If Seller falls to complete any agreed l'eP1!11'3 prior to the Closing Date, Buyer may do SD and receive reimbursement from Seller Dt dosing. The CI~lng Date will be extended up to 1S daY$, if necessary, to camplete repairs. D. ENVIR.ONMENTAL MAiTfR.S: Buyer IS advISed th.tlt the presenc::e of wetlands, toxic: substaru:es, including asbestos and wastes or ather environmental ha2:ards, or. tlie preslilllCC of a threatened or endangered species or its habitat may affect Buya!"!! Intended use of the Praperty. If Buyer Is concerned about these matt~l'$, an addendum promulgated by TREe or re_q~lI";d by the parties should be useCl. E. SEllER'S DISCLOSUR.ES: Except as otherwise disclosed In this contract, Sellor h~ll no knowledge of the following: (1) any f10QI:llng of the Property; (2) any pending Qr threatened litigation. condemnation, or special assessment affecting the PrCiperLy. (3) any environmental ha=ard:J or c:ondltions affecting the Property; (4) any c1umpsltc, landfill, or undel'9rDIJnd tanks or contnlne.rs now or pravlOU$ly located on the Prop~ " (5) any weflands, as defined by federal or stutc 121W or regulation, effeCtIng the Property; or (6) any threatened or endangCrcC1 species or their habitat affecting the Properly. 8. BROKERS" FEES: All obligatiOns of the parties lOr payment of brokers' fees are contained In separate written agreements. . 9. CLOSING: TA '1 e A. The dosing of the sale wUI be on or before J ~ t\w 0."'" . 20 " CIi or within 7 Clays after objections made under I'i:I raph 60 have been cureCl or waived, Wtiiai'cver date IS later Initialed for Identification by Buyer. ~ and Seller q 1.\~ TR.Ee: NO. 9-6 " !l,y OIO/VOO"d 26L9 S8L E06(XHd) alHl auo45 92:11 (3nl)L002-VO-d35 HT r--r-. dW6~29-200HWEO) 11:' 0 StonE: Title (FAX)903 785 6792 P.005/018 ContnctConcemlng We;t~,~ i)f= ~*,\\~ lU., U)'f\4.t" Co. s:.l ~u.L1I\aoJ PIIl",t Page 40t8 02~1J.06 (Addrc:l. of Prapllrty) (Clofllng Date). If either party fail!i to dose the ~Ie by the Closing Oate. the non-defaulting partY may exercIse the remedies c:ontalned In Paragraptl1S. B. At closing: (l)Se&ler shall execute and deliver a general warranty deed conveying title to the propertV to Buyer' Clnd showing no DdditloOl~1 exceptions to those pCnllit.tr:ld in PIl11l9nlph Iii and l\Irnlsh tax $tatements or certificates showIng no delinquent taxes on the Pro&:lerty. (2)Buver shall pay the Sales PrIce In good funds acceptable to the escrow agent. . . (3)5efler and Buyer $hell mcecute anl1 deliver Bny notices, statements, ceftlflCl1toS, :lfflClovlt$, rcl~C$, loan dcc:umcnl:i Bnd other documents required of them by this contract, the Commitment or law necessary for the clClSlng of the sale and the IsSuance of the llt1e Policy . C. Unless expre:s:ly prohibited bV written agrcamcnt, Seller may continue to show the property and receive, negotiate and ac::c:ept back up aKers. C. All covenants, representations and warranties In this contract survive cIO&ing. 10. POSSESSlON: Seller shaU deliver to Buyer possesslcn of the PTopertv In Its present or required condition upon closIng and funding. l1.SPSc:tAL PROvrsJ:ONS: {In::ert only factuol statements and business details applicable to the sale. TREe rules pruhlblt licensees frem adding factual $tatemen~ or bu~lnes$ detail' (or which a contract addendum or other form ~ beQn prornulg:sted by TREe for mandatory use.) SQ.o. S'reciCLI .PyoVIS1QNS Attftched 12.SETTLEMEN'r AND OntER EXPENSES: A. 111e following ex~nses must be oaid at or prior to c1O$ing: (l)&penses pa~blc by seiter (seiler'S Expenses): (a) Releases of existing liens. including prepayment penalties and recording fees; release of Seller's loan IInbllll.y; tax statements or certificates; preparation of deed; one--halt of escruw fee- and other expenses payable by Seller under thl$ contr'Clct.. (b)SeI\er shall alSD pay an amount not to exceed $ to be applied in the following order: Buyer"s Ex~liIn~ which Bl.IYer is prohibited frcm paying by FHA. vA, Texas Veterans Housing Assistance progrt3m or other governmental loan programs. and then to ather Buyer's expenses as allowed by the lender. (2) Expenses payable by Buyer (BUyer'S Expenses); (a)l.oan origination, discount buy-down, and commlttnent lees (Loan Fees). (b)ApPic11N1 fees. Io&n application fees: c:redlt reports; preparation of loan do~men~; Intere&t on the notes from dJ!lte Df dISbursement to one month prior to dateS of first monthly payments; recordIng fees; copie$ of easements and restrictions: mortgagee title policy with endorsemt!nl:S ~ulred by lender; lean-related Inspec:tlon fees;. pllotos; amortization schedules; one-hAlf of escrow fee; all prepaid Items. In.:ILldil'lS! required pr<emlums for flood anCl hazard Insurance, reserve degO$itz; far Insurance. ad wlorem taiKe$ and spec:lal gavemmental aS5eS5mCllntl:; Anal compliance Incpectlon; courlcr fee; repair Inspection; underwriting tee; wire transfer fee: expense:: InclClent to any IDan; ~nCl other expenses payable by Buyer under thill: contract. B. Buyer shall pay Private Mortgage Insurance Premium (PMI1, VA L.gan Funding Fee, or FHA Mortgage Insurance Prumlum (M1P) as required by the lender. . C. IF eny expense exceeds an amQUnt expresslY seated In this contract Ibr such expense to be paid bv a part}', that part.y may tenninate ttils contract unlcss the ather J:larty agrees to pay such excess. BLlver may not pily charges and fees expressly prohibited by FHA. VA, Texas Veterans Housing ASSistance ~~~m or other gDvemmentallaan program regulations. Initialed for ldentlfl=tlon by Buy~r I~ /1 ~ and Seller ~ 1\~ TREe NO. 9-6 , 1>\ OIO/SOO.d 25L9 SBt E05(XU~) an H auo~s 92:11 (3nl)L002-~O-d3S r-rlr-- . A.UG-2S-2007(b1EOJ 11: 10 Stone Title ~~ SPECIAL PROVISIONS (FAX)903 7es 6792 1. The property will be subject to COVdUmts shown on E."chibit "B". 2. The E-Maillet.te1' dated August 12,2007, from Tommy Ha.ynes to Scott Luke atmchcd;lS Exhibit "C" describes obliSll.tions ofBuycr nod acc:ommoda:lion to be made by Seller. Buyer Wl1! pay Nelson SurvcyiDg Company to survey and dc:scnDc the: casements. 3. S~llcr's c:scrow clc:posit ofS10,OOO.OO is c:onsiclcmtionfor an opticm to purchase in nccordancc with the tcm2S oftbis contract on or before January 7~ 2008. Iftbe sale is not completed by said date, the escrow deposit is forfeited to Sdlc:r. Buyc::r may pay an additional $10,000.00 to Stone Title Comp3tly before January 7,2008 to cxtcc.d the closU1g da1I: to OD or before: April 7, 2008. If the sale: is not complc:tc:d by April 7.2008, the $20,000.00 escrow deposit isforfcitcd to Seller. If the sale is completed. the escrow deposit will be credited as part of the purchase priee:. 4. Buyer ma.y extend the North bOundmy line of the propln'ty in a westerly directIon 20 feet, in which case, the surveyed acreage to be putebased 'Will be adjusted and the purchase price Will be recalcul!ted at 527.000.00 per~e.. ~ 0. \ '" \0"\ OlD/gOOd 2GL9 58L EOG(X~~) P.006/018 Cl14H ClU04S L2: II (3nl}L002-tlO-d3S -""-," ,IT .AUG-29-2007(lilEOl 11110 Stone Title (FRX)903 785 6792 P. 00710\ a ContrllCtCancemln\l We"~ S'~e.. 'tr;. ~~\\~ fU.l~ Co. U. \.lD. '{\\OD ,..-~'t,'S Pago Saf8 ~.u.06 . (AddraD af Prap.rty) 13. PROMTXONS AND ROLLBACK TAXES: A. PROAAnONS: Taxes fOr the c:urrent Ye<)r, Interest, maintenance fees, assessment:;, dues and rents will be protated through the Closing OQtc. The tax proratlon may be calculoted taking Into consldor1ltlon any c:hange \n exemptions that will ~f(ect the current year's taxes. If taxes ror the current yetlr ...ary frOm tho amount prorated.at dosing, the parties shall adjust the pror3tIOn$ when tax. statements for the current year are available. If taxa~ lire not pale! at or piior to closing. Buyer shall pay taxes for the current year. a. ROl.LBACK. iAXeS: If this $ale or Buyer's use or the PrQPerty after dosing results In the assessment of aCfdll:lonal taxeS, penalties or Interest (ASsessments) for perIods prior to dosing, the ASsessm-=nts will be the oblJgatlon of Bl.lycr. If Seiler's change in use of the Property priDr to dosing or denial of a special use valuation on the Prapel'tV Claimed by Seller resull$ In As:;cssments for periods prior to closing, the ASsessments wiD be the obligation Df SeDor. Obtlgatlcms Imposed by this paragraph will survive C1O$lng. 14. CASUALTY LOSS: If any part of the Property i:: damaged or destroyed by flreor other casualty afttr the effective date of thif; cantr'ad:, Seller shall1'8stol'9 the PropertY to Its previous condition :., !:ClDn as reasonably POlOSlblc, but In any event by th~ Crosin$! Date. If Seller fall~ to do '0 due to fac:tal'S beyond Seller's control, BUYl;'!r may (a) termInate ttus contract and the eamest maney will be rcfundedto Buyer (b) extend the time for performance up tD 15 dny$ and the Closing Date will be extended 8$ necessary or (e) oa;cpt the property in Il::i damaged c:!:)ndltlon with an a::s19nment of Insurance proceeds ana receille credit from seUer at closing In tl1e amount of the deductIble under the Insurance polley. seller's abngatJons under thIS pal'2lgraph are Independent ar any ather obligations 0' Seller under thIS contract. Rt: C ilS, DEFAULT: If Buyer falls tD compl wlttt thl c:ontract, Buyer will be In default and Seller may ~ 1!' .. .. , · or (b) ')opt, terminate thIS contl'3~ and re e e earnest money as Ilguldated damages. thereby releaSing ~.,&I both pZlrtles frcm this contract. If, due to factors beyond SCller's control, Seiter fails within the ""\ ~ time allowed to malce al1Y non-casualty rc:pOllrs or deliver the Commitment, or survey. If required ..\ ,:,tf\ I of Seller, Buyer may (a) extend the time fOr pcrformanee up to 15 days end tne ClaSlng Deb: will ~\"" be extended aG necessary or (b) terminate thIS contract as the sole remedy and rec;elve the , earnesr money. If seller foils EO comply with thlo contract for any other n:3Son, Seller will be In default and Buyer may (a) enfOrce specific perfarmance. seelc. such ather relief as may be pravlded by law, or both, or Cb) terminate thIS contract and receive the eamestmoney. thereby releasing beth partles from this contract. . 1G. MEDIATION: It IS the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Arr( diSpute betitte.en Seller i1nd Buyer related to thIS contract which i!: not resolved through Ihfolmal discussion ~will-Cwlll not be submItted to a mutually :.ceeptable mediation service or provider. The parties to the mediation shall bear the medla~lon casts equnlly. This paragraph does not preclude a P:lrty from seeking equitablo re.llel'from a cour't afcompetentjurlSdld:lan. 1". ATTORNE'rS FEES: The prevallJng ~rtY In any legal pl't)Ceedlng related to thIS contract is entitled to rec:Olter" reasonable ~ttameY's fees and 1311 costs of sue" proceeCllng Incuned by the prevallin" party. 18. ESCROW: A. esc~ow: The escrow agent is not (i) a party to tills contract and aoes not have liabilitY for the performanr:c or nonperformance or any ~arty to thi$ eontract, en) Il:lble for Intel'8$t on the earnest money and (iiI) Ji8ble far the loss of any earnest money caused by the failure of BraY. financial Inl>tlbJtlon 1n which the eamest money has been deposited unless tho financlal Institution 15 acti~ as escrow agent. B. EXPeNSES: AC closing, the eamcst money mu5l1: be applied first to any cash down payment, then to Buyer's ecpenses and any excess refunded to Suyel'. If no C/o!:l~ occurs, escrcw agent may I"8qulre ~ment of unpaid expenses Incurred on behalf of tfie parties and a wril:tCl'l release of liabUlty of esC"DW agent frOm all partIeS. . c. DEMAND: Upon tem1ination of thIs contl'ect. either party Of the escrow agent may send a release af eeme$t money to each party and the partl~ Shall execute counterparts or the release ancl deliver same to the esCfDW ~gent. If either pa~ fails to execute the release. either party may make a written demand to the escrow agent for thQ Gamest monlW. If only one party makes written dam,lOcl for the C:Olrnest money, (!$crow agent :s:haU promptlY pl"ClVlde a CQp.y of the demsnd to the ather party. If escrow agent dooc nOI: receive written objec:tian tel the demand from the ather party within 15 days, I!:scrow agent may dlsbu~ the eamest money to the party making demand redueed by the amount of unpaid expenses In!;urred on behalf of the: party ~Ivlng the earnest money and esaow agent may pay the same to the creditors. If escrow agent com lias with the prOvisions of thl$ paragrapti, each party hereby releaseS escrow agent from II dverse claIms related to tl\e disbun;al of the earne$t money. Initialed for ldentlflcatlon by 8uyer. and Seller TRee: NO. 9-6 lil"'I~'l OIOILOO'd 26L9 59L E06(X~d) an!1 auo:lS L2 : II (3nl)L002-110-d3S .- .-r ..1 If .AUG-29-2007(WED) 11: 11 Stone TItle (FRX)903 185 6792 P,006/018 Contra'tClln~mlngJidt ~,dc .{. s:h"~~ U.l..ra-.....~.\U..~D."i'\\lI6. Po-.,..'s PIllle hre 02-13-06 [Address ar PrD"erlY) D. OAMAGr:5: Any pilrty who wrongfully falls or refuses to sign a release acceptable to the escrow agent within 7 dayS of receipt of the request will tie lIi:tble to the otner party for liquldlltea damages of three times the arnClunt of tne earnest maney. e. NOTICeS': Esr:row ag(lnt'~ noticQI: will be affective when sent In compliance with Paragraph 21. Notice of objection to the demand will be daamad affoctiva upon roceipt by 86acw agent. 19. REPR.ESENTATIONS: seller rcpresc:nt$ th;,t: 8$ of the Closing Oate (a) there w", be no liens, assessments, or ~Qcurtty Intcrc!:b: agalm:lt: the property which wIll not 6e satisfied out of thc, sales proceeds unless ~Cl.Iring payment of any loans assumea bV Buyer and (b) a$$Umed loans will nOl: be In default. If any repl"QScntDtlon of Seller In this contract is untrue on the Closing Date, Seller will be In default. 20. FEDERAL TAX REQUIREMENTS: If Seller Is C) "foreign person," as deflned by appHcable law or If Seller fall$ to dollver an affidavit tD Buyer that Seller Is not a "(crelg" person," tJ'len Buyer shall withhold from the sales proceeds an amount sufficient to complv wIth applicable tax law and deliver the 5ame to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulatlon5 require filing written reportS If cu~nc:y in excess of specified amounlS Is received In the transaction. 21, NOnCE$: All notices frem one party to the other must be in writing and are eftec:t1ve when mailed to, hand-delivered at, or transmitted by facsimile or electronic transmi$f;ion 31: fOUDWS: To Buyer at: _R. L~.e C~A\,j l\ . ~r. q bq,o D~~e~o ReAct \ Sucta \0(1 JIl'r'\eJt'I i UM. Mo.~\,.~c\. :2.10';5 Telephone: r4\0 ) LJ:lt}- 1'12b Fl:Ieslmlle: (~Ilo' 4"1'J.. ff'-b e-mail: .IC.(~b~.II@O~P-3il.hrl\\o\\..ed.Y~.COl.l.l To Seller at: J~O"tl'\"''i. E. \4A-"'I\~$ "3oq S' Prlat-ft L,,, _Po..'W'IS ;J;'JlAS '1S't.lbt>> Telephone: r~~) "'4,.~\\'l Facsimile: ( ) E-mail: S((!..aa.,_S" ~ ~LJdAen',n.K. Ntrl-' 22.. AGREEMENT OF PAR.T.IES: This contrac:t c:ontalns the ent:lm a~teemant of the partIes and cannot be Changed elCcept by their written agreement. Addenda whletl are a part of thIS contract a're (check all applicable boxes): . [J Third Party Financing Condition Addendum 0 EnvIronmental Assessment, Thre8tenecl or Endangered SpecIes and Wetlands Addendum o Addendum for Coastal An:a Property Cl o Seller FlnOlnclng Addendum o Loan ASSumption Addendum Addcnclum (or Property LcQted seaward of the Gulf Intracoastal Waterway o Addendum far R.eleilse of uablllty on A$$Umption of FHA, VA, 01" Conventional L.oan Re!:l:Dratlon of Seller's entitlement for VA Guaranteed L.aan Q Addendum fbr "Bock-Up" Contract o Addendum for Property Subject to Mandatory Membership In an Owners' Assodatlcm D Addendum for Sale of Other Property by Buyer o Other (list): ~...~ct,~C. C~"...t'\p.n:h ~-\t-t<<:It..~cA AS 6a;.b~ 118 ': tnltlalecl for IdentificatIon by Buyer and seller q/~ TR.eC NO. 9-6 OIO/BOO'd 26L9 5aL EO&(XHj) <l n 11 auo:j5 B2:ll (3nl)L002-VO-d35 -"-" -T"" w R.!IG-29-2007(WEO) 11: II Stone Title CFAX)903 785 6792 P.009/018 Contl'llctConcemlnp~~ iL~t' o.~ S+Cl~gd,\..e"""'~fo~~. ~ Yl\QO ~<<'\"".t PIlllc'llra a:z.1:)oD6 (Addrus of Property) 23. TERMINATION o PlION: For nominal c:onslderatlon{ the receipt of which Is hereby ;:u:knowlcdgcd by SCller, and Buyer's agreement to pay Seller $ (Option Fee) within 2 days after the effective date Df this contnlc:t, Seller grilnts 8uyer the unrestricted rIght ro tennlnate thIS contract by gIVing notice of tenninatlon to Seller within dayS aftel' the elfect1ve date of this contract. If no dollar amount is stated as the OptIon Fee or If 8uyer falls to pay the Qptlon Fee wJthln the time prescribed, this paragraph wUI nat be a Pilrt of thIS c:ontracl: :mCl Buyer shall nDt have the unrestricted right to terminate this contract. If Buyel" give:; notice of termInation withIn tl'le time prescribed, the Option ~ee will .n.ot be refunded: "however, any earnest manev will be refunded to Buyer. The Option Fee Cwlll Uwlll nat be credited to the Sales PJfte at dO$ing. Ti.ne is of the ~nee far this: paragraph and strict compliance with the: tIme for performance is reqtdrcd. 24. CONSULT AN ATTORNEY: Real estate IiCli!lI'l$Ge:: c:annot gIve legel actvlc:e. READ THIS CONTRACi CAREFULt.V. If you do not understand the effect of thIS c:ontract, consult an attomey BEFORE sIgning. B~e~ M ~ AttDmey Is: /L"'{J< ~e...wc.'noT \'2.5" 011"""",. FWe. N.w'.. $CJlt.e 420 Gr (And. 'R.A~'~' N\1t."';~A'" 1.lC\!;a:a Telephone: (b,L) l-lS"I- ~H.qo Facsimile: " "It.') .t.IS\- ~~4f'l E--m2l1l: M~e1"\H~t~ Jl'\'r"AI'I~e..wc..t. COr-l Seller'S ...I " AttDmey Is: . \(. ..:.'"\.('\1:1.$ p. O~ &.lC i'':L'; . rAW-IS .-re.,c~s 'lS&/'( Telephone: (Cf~ ) 'lR"I-I1CJU Fac:slmlle: ( ) e~mall: EXECUTED the day of . 2.0_ (EFfscnve DATE). (BR.OKE~ FILL IN THE DATE OF F.tNAL ACCEPTANCE.) OMBSc=. H$ll\-~:r~ ~ l:t-ftfo HA~$. l'''1'''104:iO, IIoI'IIl .:1o.f\c$ Buyer s"': L~ 't.. ~D-\~ Seller I Seller The form of chl~ conEf'lct ha~ bllG" approvfld by the Taxft It.-I &taU ea",miulan. 'NU:C Itlrrm: ." I"~nded 'or U~ ollly by u.inacl ftllll e&tdA lie-ORes. Nil '\lII,uentlltlan I' madCl U 10 mil leeI.l validIty ar "delllJllCV of Dny IU'Dvl::lan In any ~p1lclnc tr.nsac:tlanlo 11: ~ nat Incendld for Cl:lmplelC nnlllc:tions. TQII~ lbltal Estate CommllZ)an, P.O. Box msa. AlII;t1n, 'TX 787.2.-21110, 1-800-250-8732 Dr (S12J 459-6SM {http://www.tr8C..b1tD.lX.us)TREe:NO.IJ-Ci.ThIs tam replace nu=C NO. 9.5. 010/600 "d 26[9 S8! EO&(X~d) TREe: NO. 9-6 aI:lll auo~s 82: II onlH002-110-d3S ---------r...-... I II I AUG-29-2007(WED) 11: 12 Stone Title (FAXl903 795 6792 P.DIO/01B Contrilll\COnelll'nlno W~ iJc ~l= ~\\hous-- U. LA-a..R~. r..\o 4 Uca I f>cw\~ [Addro:ss of Properql) Paga 8 of S 02.13-015 BROKER INFORMATION AND RA'I1FICATION OF FEE Ustln roker has; agreed to pay Ol:her Broker of the total sales price when U Bralccr'5 feu III received. E5aOw Agent 1$ buthClrlzlKl i:lnd directed to pay Other Broker from Ustlng arok fee at closing. Ustlno Broker Llclnse No. rQPl'D~anlS t:J Sallar and BuV.r allIIn Intermediary a Seller onlv as S.1I,r'. &1I_nt Other 8tOktlr UcenH No. l'DIlI'll:;llnt: Cl BUVllr Qn!Y II:: Bu $ IIgent Cl Seller r.: UIllln, arolc. llUblloont State U::tIftg AIllOcIlltl Telephonl Jb:IDClace Broke!":! AllIIn:-''': Facsimile Qty Zip C1~ State Zip F;tcsimlle I:mllll Maras s.lIInv ASSOCIate TelephOne FfleeJrnlle Ot!' %Ip Emili Addre= Recelpc of $ OPT.lON ~~I! RECEIPT (Op~on Fee) In the form Of is ar:knawledged. Seller or Listing Broker Date CONTItA~ AND eARNEST MONEY RECaPT Receipt of OContra~ and 0$ 1$ cll:!cnowlcdged. esaow Agents Eamest Monev In the form of Date: _ BV: Clf\llll~ TelephQne r 1 Md_ Foc;:jmlle: ( Qty Smte ~p TRee NO. 9-6 OlO/OIO'd 26L9 S9! E06(X~~) ;n~ H ,lUO~S 92:1 I (3nl)LOD2-PO-d3S ..._. -T "T-r-" _LL~ Nelson Surveying Compa..ny ~ 920 North Main street Paris, Texas 75460 903-7S5~3551 fax 903-785..3399 e-mail jinm@1starnet.com Jim Nelson, own~r J. M. Nelson, RBglst~red Professional Land SUTVeY<Jr of Texas. #4026 Fax CoveLSne_eJ "CONFIDENTIAL" Date: 12- - -3.... - 0 '2 Company: 0f"l' /a..J Attention: 9't'~ Fax#: C;?V~ - 7'pr'" //1'1' From: ~ ~ @ Nelson Surveying Company SUBJECT: (~7 f/ 44trv1j'. i- ~~..: M~o~&/~' '/~' fJJl'1~/ LJ..-' J.-..p}~~, /fA" You should receive r pages, including this fax cover sheet. If do not receive all of the pages, please notify us at 903..785-3551, ,-" '-r' ..--,..--- II ~ef~rence Scoring: ~" lp (1) @ SWC to ~" clp (f 0 NWC today assumed N 26'57'07" W) CP No. 480891 0008 A F'HBM DiSk-969!TH Omega 9-19-07 ~'\ . c,W "11- s 86'45',3,3" E 505.04' -1.- g. ~ ~ '; 9. ':5 ~ ;0 ';0- ~.... ~ ~ ~ q. ~ ",' 9<- 6~\\8 ~o.'l 6.5708 AC 286,225.28 SF "1>\'0 ,?o~f;!, ~!)'6. '10\' '"'C. \1'l.'~ "- ~ ~ ... 3" -'0 ~ to ..\ '& I.\' ~O> .....ot.1'/~. 'Q ~<> "'XJV~ ~.. ~ ~:6 o I.\' SI" 'l:' ..90> 'Sf ' l ',si,:J'fo-!/ ~~ - If,.. "i. r; .s' ,s.s 1'6' b-2' :.:?Q ..)!>. (5','J -!/ If,.. o '0)- 1 '*- t',1';;. ~~!'J.. q", \!' ('~ ~ 125 I 63 o 125 - I 250 l -<:1--::: Att J.M. Nelson, RPLS of Texas, #4025 1" -- 1 25' f-I'J .'>7 dote ~ I ~ Nelson Surveying Company 920 N, Main Sl Paris, Texas 75460 903~785-355I fax: goo..7B5-3399 E4nai: ~ J.M. NelIon, Reglst@nd Pralee8IormI Land SUrYeyor fA Tello. t4025 All poges. the Plot, the Field Notes. and the Legend/Generol Notes. ore one document. None of the above ore to be rec:orded without the others. Page:-L-of..2- .-.-.---.-" -r----- - - ..- I II LEGENe CAPS SYMBOL DESCRIPTION SYMBOL DESCRIPTION @ clp copped iron pin mh mQnhol~ cir copped iron rod elo cle(lnout cn o(lpped nail wm woter meter 11' iron pin 9m gos meter Ir iron rod fh fire h ydr(lnt CAPS (0 found water valve wv O@ (e) set up utility pole ( 1rs) found. reset PI' power pole I' post ul utlllty line mp metal post ue util1ty eosement CAPS Ipipe iron pipe bl building line "@ It Mnter tine c&g curb & gutter It property line (:0\1. oovClred $. survey line COIlC. concrete 4025 It. flow line Ipg liquid prop(lng gas FF finIshed floor otp ph one pedestal CAPS oIl' ehaln I1nk post dra. droinoge ... -=-- elf ehaln I1nk fence esmt. eosement -x- fence uti!. utility (;) FH8M Flood Hozard 80undary Mope cc olr conditioner 11771 FIRM Flood Insuronee Rote MOps b/c back of eurb icv irrigation control valve ols offset lob Irrig(ltion control box I SURVEYOR NOTES I 1. This survey. both plat ond fl~ld notes. Clre only volid if it hos an originol sIgnature and seol. Foxed or emailed copies ore to be used for Inspection purposes only. Signed copIes will be mailed to requlr~d parties. Any changes mClde will void this survey. 2. This survey is for the use of the party or parties certified to in tne certification. It is not Intended to be used by parties other tnan those certified to. Surveyor ossumes no liability for cny unauthorized copies. 3. FLOOD ZONES a. Rural 100 Yeor Flood Zones ore scanned ond inserted using Flood Hozard Boundary Maps. as noted by the Comn"lunlty Panel No. on the plot ond field notes. b. Urbon 100 Yeor F"lood Zones may be seClnned ond Inserted. bul olso may be located by elevotions. if elevotlons ore ovoilable. from on actual survey n"lode on the ground, using information from the Comn"lunity Panel No. of the Flood Insurance Rote Mops CIS noted on the plot and field notes. c. Surveyor ossumes no liability for floods coused by obnormClI conditions, ~ither by man-mode or notural causes. in or out of flood zones. 4. Basis of bearing (reference beorlng) maybe ossumed, tied to deed calle of the subject tract, to on odjoining tract. or to a reloted item. The bClsis of beoring will be noted on the plot ond field notes. but may not join the su b J4;:ct tract. 5. Some corners cannot be set around and under fences, but w~ show 0 ref~rence from 0 nearby post or other known and locotable obJeot. 6. FENCES a. along: boundary line is the fence unless otherwise noted. b. with; boundary line is near or alongside of fene~ unless: oUu:rwise noted. 7. Check plots and field notes for oddltional informotion on substantiol differences between legal descriptions on the deeds Clnd acuiol surveys mode on the ground. contClc:ted for locotlon of their 8. Before any construction. 011 utility companies or their agents. shlluld be respective vtIl1ty lines, wh~ther the utility line is overhead or underground. . ~ Nelson Surveying Company I \ i 920 N. Main Sl Paris, Texas 75460 ~ 903-785-B551 fax: 903-785-3399 E-rnat neIBonN'v~t -- JM. NeIBon, AeQl8tered ProfM8lontlJ Land SUrveycr d TexM, M025 All pages, the Plat. the Field Notes, and the legond/O,merol Notes. are one document. 1 9-19-07 None of the above ore to be recorded without the others. Page:..=2...of d...- ..--r-" T If Jim Nelson dba Nelson Surveying Company - 920 North Main Street Paris, Texas 75460 903-785-3551 fax. 903~785-3399 e-mail: nelsonsurveying@suddenlink,net Jim Nelson, owner J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025 Dls~"9Sg/Dl'\'\eg8 RF\u..lill #786 StlnhQu~c Ro~d Reference en~lng: ~"IO (I) @ SWC 10 1'1" clp {f) @ NWC today (9S~umod N 26'57'07" W) ~J..o..mIE..~ Situated withIn the limits of the City of Paris, County of Lamar, and State of Texas, part of the Reddin Russell Survey #786, and being part of a called and being a part of a called 172.5 acre tract of land conveyed to May Belle Dunagan by deed recorded in Vol. 208, Page 316, of the Deed Records of said County and State. Beginning at a %." iron pin (f) for corner at the Easterly Northeast corner of a called 31.61 acre tract of land conveyed to North Lamar Independent School District by deed recording in Vol. 714. Page 748, of said Deed Records, said North lamar ISD 31.61 acre tract origInally being a part of said Dunagan 172.5 acre tract. Thence North 26057'07" West a distance of 798.43 feet to a %" capped (NELSON SURVEYING) iron pin (f) for Garner at the Northerly Northeast corner of said North Lamar ISO 31.61 acre tract; Thence South 86045'33" East a distance of 505.04 feet to a %" capped (NELSON SURVEYING) iron pin (s) for corner; Thence South 35~43'12" East a distance of 448.76 feet to a W' capped (NELSON SURVEYING) iron pin (s) for corner: Thence along the Northwesterly Boundary Line of said Stillhouse Road I Lamar County Road 41100 as follows: South 54043'04" West a distance of 43.45 feet to a %" capped (NELSON SURVEYING) iron pin (f); South 5502'33" West a distance of 162.05 feet to a %" capped (NELSON SURVEYING) iron pin (f); South 51"44'20" West a distance of 98.92 feet to a %" capped (NELSON SURVEYING) iron pin (f); South 48"17'45" West a distance of 105.04 feet to a %" capped (NELSON SURVEYING) iron pin (f); South 48054'59" West a distance of 1 06.1 0 feet to the place of beginnil1g and containing 286,225.28 square feet, or 6.5708 acres of land. I, J,M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify to Tommy Haynes and Omega, that the above depicted and desoribed tract of larld was taken from an actual sUNey made on the ground and completed by me on the 19th day of September, 2007, that the Plat. the Field Notes, and the Legend/General Notes, are to be one document and arp. to be recorded as one, that there doesn't appear to be any visible improvements, easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a flood zone as indicated by Community Panel No. 480891 0008 A of the Flood Hazard Boundary Maps. ~ A/~ .~. ___ /v, - -" J.M, Nelson, RPLS of Texas, #4025 'i~/?o7 date Page ~ of~ '-------',-'-'" .... -I IT