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2009-048-ORD REZONE 1200 BLOCK OF 47TH ST SE
ORDINANCE NO. 2009 -048 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 7.58 ACRE TRACT OF LAND BEING A PART OF THE JOSHUA MOORE HEADRIGHT SURVEY, ABSTRACT NO. 571, LOCATED IN THE 100 BLOCK OF 47TH STREET SE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) WITH A SPECIFIC USE PERMIT (20) HOSPITAL, CONVALESCENT HOME, RESIDENCE HOME FOR THE AGED; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone a 7.58 acre tract of land being a part of the Joshua Moore Headright Survey, Abstract No. 571, located in the 100 Block of 47th Street SE, City of Paris, Lamar County, Texas from an Agricultural District (A) to a One- Family Dwelling District No. 2 (SF -2) with a Specific Use Permit (20) Hospital, convalescent home, residence home for the aged; and, WHEREAS, on November 2, 2009, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on November 9, 2009, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the 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 Future Land Use Plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests 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 7.58 tract of land being a part of the Joshua Moore Headright Survey, Abstract No. 571, located in the 100 Block of 47th Street SE, City of Paris, Lamar County, Texas from an Agricultural District (A) to a One- Family Dwelling District No. 2 (SF -2) with a Specific Use Permit (20) Hospital, convalescent home, residence home for the aged, said property being more particularly described in Exhibit A attached hereto and made a part hereof. Section 3. That the Chief Building Official of the 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 of the ordinances of the 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 of this ordinance shall remain in full force and effect. Section S. 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 of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the 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 provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, 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 the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances 6 ayes and 0 nays. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on by the city Council of the city of Paris, in regular session on this the 9th day of November, 2009. James` Freelen, Mayor ATTEST: " U1 nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIly Attorney OCT -26 -2009 nON 09 :17 An ARCO BUILDERS FAX NO. 3183972231 P. 02/03 Part of the dosbux Moore Survey !#571 I LAI 12 & 12-8 Miw Mat City 5W9313 Env. 361 -D l lot 12 I lot 12 -0 30' uWay & drainage ease. Tract I - v.713,P.697 OR 20' utlt. ens.. W (N'inor Plat) .._......... ^...__ -. I I (Env. 361 -8) lot 12 -A I 250.05' 89.21' 1 1 L2 L.3 O O O cD S.E. Sroiri residue of tine z9 Acres V0L Z2, Page 324 LCDIt o9���fla •-- • • — � 7.58 ACRES at a49ti7 S.E. Smith I 40 Acres voL 69, rate 2 LCDR • Z N 89'33'54" W 550.00' L1 S W32;21' ! 210.31 I2 S 89.3829 E 199.65' l3 S 89'47'15 - E I 140.04 � F F, . �, Ipob Q to O O cn V c a 0 ti 0 b o, yl W H 3 N O N O 0, 7.56 ac H. Foster RPLS 115699 date • = IA" capped iron pin found - -Q survey line 0 X" iron pin found - ~ ~ -= eosernent /building line —w -- overhead power line SAYE oO l 3f" iron pin found Sp 'Cuhsre 0" von pin found --�- -° fence O iron pipe found ase g meter ktl � ♦°�� ® boil d arc post found (D 9 � = lD = telephone pedestal post found = cone. highway marker found 4) = fire trans. pedestal e0 SX40Y'*v _ -%-capped iron pin pob P point of beginning �►A1IttQP (HF 5899) set 1, Hayden Foster, Registered Professional Land Surveyor, No. 5649 do hereby artily that the plat and sacompanydhag field nodes represents an on the ground survey made under my direct Supervision. Thcm doesn't appear to be arty encroachments other than those shown hereon. The tract does not appear to be in a flood zone according to the Flood Hazard Boundary Map for Lamar Courry. Texas Community Panel No. 490891-00011 A. Reference Bearing = the West boundary line of 47th S.E. Street and depicted on this plat as South 0 °3!'26" wesL Faster Land Surveying - 17325 FM 197 - Arthur City, TX 75411- office 903.739.9166 - fir. 903.783.9159 - fostealaad- surveying door EXHIBIT A OCT-26 -2009 MON 09:17 AM ARCO BUILDERS FAX NO. 3183972231 P. 03/03 Foster Land Surveying 17325 FM 197 Arthur City, TX 75411 (903) 739 -9166 fx (903) 78 Field Notes — 7. Acres Situated within the limits of the City of Paris, in the County of Lamar, State of Texas, a part of the Joshua Moore Survey #571 and being part of a called 20 acre tract conveyed to S.E. Smith by deed recorded in Vol. 7.2, Page 324 of the Deed Records of said County and State and being part of a called 40 acre tract conveyed to said S.E. Smith by deed recorded in Vol. 69, Page 2 of said Deed Records. Beginning at a Vii" iron pin found at the Southeast corner of lot 12 -A, City Block 313 recorded in Envelope 361 -13 of the Plat Records of said County and State and being in the West boundary lisle S.E. 47' Street (County Road 012050) and being the Northeast comer of a 49.17 acre tract sun►eyed on September 09, 2008. Theme South 0°31126" West along said West boundary line of said Street and the East boundary line of the 49.17 acres a distance of 600.60' to a 318" capped iron pin (HF 5699) set, from which a 31$" iron pin found at the Southeast comer of the 49.17 acre tract beers South 0 °31'26" West a distance of 951.32'; Thence North 89 633'54" West a distance of 550.00' to a 3/8" capped iron pin (HF 5699) set; �• d iron in (HF Thence North 0031,26" East a distance of 600.00 to a 3/9 capped F 5699) set in the South boundary line of lot 12, said lot 12 being pan of Lot 12 & Lot 12- 5 Minor Plat recorded in Envelope 361 -D of said Plat Records; Thence along the . South boundary line of said Minor Plat and lo pin a fence as found at follows: South 89'32'21 East a distance of 210.31 to a 1/2" capped the Southeast corner of lot 12 and the Southwest corner of lot 12 -B; South 89°36'29" East a distance of 199.65' to a' /3" iron pin found at the Southeast comer of lot 12 -8 and the Southwest corner of lot 12 -A; Thence South 89047'15" East a distance of 140.04' to the point of beginning and containing 7.58 acres of land. I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do herby certify that the plat and accompanying field notes represents an on the ground survey made under my direct supervision. There doesn't appear to be any encroachrnems other than those shown hereon. The tract does not appear to be in a flood zone according to the Flood Hazard Boundary Map for Lamar County, Texas Commur&y Pastel No. 480991-0008A. RefereDce Searing -the West boundary line of 47th S.E. Street and depicted on this plat its South 0 °3 176" West. File #090929 l Kayden Foster date 1 109 Page 1 of 1 CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT O. Box 9037 ■ Parts, Texas 75461 ■ 903 -784 -9234 APPLICATION FOR ZONING CHANGE For o't''� use Only Request Number: Date Rcvd: tg Date: . -�_ Q TYPE OF ACTION REQUESTED: '7'50ning Change 51/ Specific Use Permit ❑ Planned Deveiopment PROPERTY INFORMATION: (� Address: Name of Business or Building (if applicable): ern e f"1p�lS£� �o r�5 - A N6,r Horne Lot Block__ Subdivision / Current Zoning: S�!L.rt� �VTo•�_. _ . Proposed Zoning: S F - Z f 4AeC� �``e vs e- 20) What is the proposed use of the property? r L{zt 5tnw ome os1 ( it A Describe the character and /or nature of uses of surrounding property. Wdt t` - C,0MVNA&rC,;0A ! WIII the re -zoned designation be compatible with the classification and use of adjoining lands? Ya/ 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 / If No, why are you requesting a change in the permitting t� uses? _�,0 6o_Me °°ca vi1�tu, i11 o.n t-ir_c�.i"4tr�*� Zs2+� +t� areo,,t.se++1,1t OWNERIAPPLICANT INFORMATION: (n you arm not the owner, a permission tatter from the owner is repaired. If you era purchasing the property, a copy of the contractmey be used In tleu of* permission tmtterONLYtf the contract provides that the purchase Is contingent upon the appllcantsuceessfulty obtaining • seeing change.) Applicant's Name: a0J Aw4!,S L L- ; LLCA- c� / Applicant's Address: 1,J, o (,eA0,r_!A p ► JV- . �. at i1i� � �fi5to , i X 7503 Phone:.... t) i i l � b 100 Property Owner's Name: Ser+Y� t lee, Ro %Aakf? Property Owner's Address: Z37R CA j5,5zC , i0-tt6Ayd1t ,' _( '75%t Phone: ■• �eu��uuu ■■ru�r���s����r�.araa�u���' ■ier.��rreerar ■eee11 Mason ore�r���r+�■ ■rr■ ■eee��er,r.����t�ra��e■ ROQUIRED SUBMITTALS (check those Items which are Included): Pmpleted application signed by the owner /applicant If lanned Development requested, include also: copy of a deed with metes and bounds 9 Four (4) copies of a preliminary site plan 6a' Permission letter from owner P 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 Federa Laws will b complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized ant. Signed:..._ , Address: 1.5 100 //D Fr-1'.5C-0—T)<, , PnntName. � -° �f�o _fir _. _ Phone Number, - - Date; z ., _ -e . m - Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME thin- s day of ®t{ y_ , 20 ECEIVE ry (Public, State of Texas FILED: 12106 i �. a �" ���' SHERI VAN CLEAVE NOTARY PUBLIC V„���� STATE OF TEXAS BY: % MY COMM. EXP 05- 182010 EXHIBIT g EXHJBJT A 58.803 ACRES: Being all that ce.rtaln tract of �121-cel of land situated about 3 miles East of the City of Paris, County of I -amar and State of Texas, a part of the ;loshua Moore Headright Survey, Abst. No. 571, a part of the 20 acres described in a deed from Angeline Pride, W.H. Prido, H.C. Pride and J.E. Pride: to S.E. Smith on April 17, 1886, recorded in Volume Z2, Page 324, of the Deed Records of said County and State and a part of 40 acres des - cribud in deed frori-i W.G. Moore to John 8. Moore, Alice S. Moore and j. MoorE! to S.E. Smith on March 21, 1 881 , recorded in Volume 697 Page 2 Deed Records of said County and State and being further described as folloW=; Eeginning at an iron pin for corner in the South Boundary Line of U.S. Highway 82, and the West Bo,azri.dayy= line of said Moore Survey, the ex- isting Northwest corner of said 20 acres; Thence Easterly with the South Boundary Line of U.S. Highway 62 the following: South 89 Degrees 51 Minutes East a distance cr' 964-'' feat to a concrete monument. the point of curvature of a curve to the left having a radius of 2924.79 feet; Thence Easterly with said curve having a long chord bearing North 87 Degrees 44 Minutes East an arc distance of 247.0 feet; Thence South 66 Degrees 53 Minutes East a distance of 112.2 feet to a fence post for corner in the West Boundary Line of a County road; Thence South 0 Degrees 16 Minutes West with said West Line a distance of 1871.0 feet to an iron pin found for corner; Thence South 89 Degrees 07 Minutes West with the South Boundary Line of said 40 acres, a distance of 1345.4 feet to a fence post for „corner, the SouthL)GSt corner of said 40 acres; - Thence North 0 Degrees 43 Minutes East with the West Boundary Line of said Ploore Survey and the East Boundary Line of said Leach Survey a dis- tance of 698.0 feet to a fence post for corner; Thence North 0 Degrees 31 Minutes 30 Seconds Fast with said common Survey Line, a distance of 1230.6 feet to the place of beginning and contain- ing 58.803 acres of land, more or less, The undersigned does hereby cRrti.fy that this Survey was this day made on the ground of the property described hereon, and that there are no visable or apparent enchroachments, except: as shown hereon, and that said property has access to and from a dedicdLed U066,, DATE: this the 7th, day of April, 1983. SIGNED: Robert S. Chaney, R.P.50 No. 2345 STATE OF TEXAS COUNTY OF LAMAR HEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared Robert S. Chaney known to me to be the person whose name is subscribed to the Foregoing instrument and acknowledged to me that he executed samo for the purpose and considera- tion therein expressed. GIVEN UNDER MY HAND SEAT. OF OFFICE, this 7� _day oFci, Y A.D. 1983. NO— ,,,P(RY P BLIC, STATE OF TEXAS! TEXAS ASSOCIATION Or FhALTUxS` COMMERCIAL CONTRACT - UNIMPROVED PROPERTY w or nn Toms to RnsoMvrro/u¢HerrAYA or TIC n—rw v)cp now of rltOd i Ar wUr`Q- et..�ur+w+..�IMrn�IONM teat 1. PARTIES: Seller agrees to soli and coney to Buyer the Property described In Paragraph 2. Buyer agrees ID buy the Property III Seller for the saies prlco.staied In Paragraph 3. The parties to this contract are S011er. ANNILEE RANOLA CIROT L RANDLE, MARY A COLLINS, ■HO MIME LEC COMM Addroan: CIO JBWeL ;LPAHOLE.=70CRI AM, PATTONVILU. TSAAC UALA Phone' SOS•78E111130 Fax Buyer: 3OUTHWE7T LTC LTD. AND OR Re ABSIONA Addr=:1T740 PAOTONROAD. SURE 310. DALIAB,TEXAS 76262 Phone: a.auecnc Fsx "11.4116.11106 24 PROPERTY: A. 'Property' moans that real property situated In LAMAR County, Texas at 4n-N RE eTRFFT PARIS, TF,[AA (addmss) end that 1e legally dercribed on the attached Exhlblt A or as follows. THE PROPERTY ALAD INCULUOE3 A CRANNEL EABEMENT OWHeD eY CALLER WHICH 16 LOG MD ON Tne SOUTH SIDEOF HWY 87 BETWFEN TWO TRACT: OF LAND PREVIOUSLY SOLD BY 2ELLER TO BARNV BRAY AND DAVID OLABR. TWH PROPERTY WILL e[ CONVVY60 TO DUYOR WrrHOUT TITLE AJGURANCi. AHD UT DYYD WIT HOVT WARRANTY. THIS TNACT WILL NOT BC INOLUDCD IN THC ACRGADE POR ]ALED►RICE CALCULATION. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appur(onancos portaining to the Property, including Soilees right, title, and Interest in any minerals, utilities, Adjacent etmets, alloys, strips, goros, and rights -of -way, (2) Seller's Interest in all leases, rents, and security deposits for all or pert of the Property, and (3) Seller's Interest In all licenses and permits related to the Property. (Doscrtbo any exceptions, ro sorvarfons, or rosfrlct Ions In Paragraph 1 T Dr an addondurn.) 3. SALES PRICE: A. At or before dosing, Buyer will pay the following saleA price for (he Property: (1) Cash portion payable by Buyer at closing... . ....... . ..... 3 1",000.00 (2) Sum of all financing described In Paragraph . ...... $ ET11Ao00a (3) Sates price (sum of 3A(1) and 3A(2)) . .. 5 r0 coo 00 (TAR. 1602) 24.02 Int wea for 16nnilaco0on by abler _ Seubr page 1 01 13 Cr�r.�.r��. +1 � - �tiW.(r��r..rrM rtisr��AIOW IWyr,La r01.�n, r.l�yrrr.n 7711 Cw��r.�wr�r�+.rOlta011rwrr� �.- ,.YG�.�"rrl►��.�Yrwl+�r -�. rl �. �- 1+ -.�-+� V- r. rn�- �Y .�rr�rl.r.l.'Trr•••r�.1W�IlYCC /r0� ^�OtrT COmmwdal C011 "d- unimp—d Praporiy Conccmino a—EaraEET,PARIS TEXAS B Ad)uslmcnt to S01OS Prica: (Check (1) or (2) only.) ❑ (t) The solos price will not be adjusted bosod on a survey M (2) The sales price will bo adjusted based on the IAteat nurvey obtained under Paragraph 60. (e) The sales price is calculated on the basis of S laaooaa per, ❑ (1) square fool of ❑ tAlal area 0 net snarl M (u) acre of M total area ❑ not ores. (b) Total area' moons all land area within the perimeter boundaries of the Property 'Not area' means total area leas any area of the Property within ❑ (1) public roadways; ❑ (II) rights- of-way and casements other then flee that directly provide utility services to the Property: and ❑ (III) (c) If the sales price is adjusted by more than ;6 of the stated sales price, either party may terminate this contract by providing written noUce to the other party within days after the torminoUng party romwes the survey. If neither parry terminates this contrucl or If the variance Is less than tho stated porcontage, the adjustment to (he sales price will be made to the cash portion of the sales price payable by Buyer. 4 FINANCING: Buyer will finance the portion of the soles price under Paragraph 38 as follower Bt A, Third Party Fingnpnp: One or more third parry loans In the total amount of 3 src,000 oo . This contract: ❑ (1) Is pot contingent upon Buyer obtaining third party financing. M (2) Is contingent upon Buyer obtaining third party financing in accordance with the at ached Financing Addendum. ❑ B. Aasumotlon: in accordance with the attached Financing Addendum, Buyer will assume the existing promissory note secured by the Property, which balance at dosing will bo S ❑ C, B IMF Uartcing: The dollvory or a prurn"ory note and deed of trust from Buyer to Sauer under the terms of the allchod Financing Addendum In the emOunl Of S S. EARNEST MONEY: A. Not later than 3 days after the cfrecbvc data, Buyer must deposit S to 000.00 as Gamest money With aTONS Tali COMPANY. INC. (GUc company and escrow agent) at 33 reT Nw P4a•• f� 74" (title company's address). Buyer will deposit additional earnest money of 5 on or before: O (i) the th day after Buyer's right to terminate under Paragraph 713(3) oxpiros. or ❑ Oq Tho title company is the escrow agent under this contract B. If Buyer fills to timely deposit tho samest money. Sailor may terminate this contract by providing written notice to Buyer before Buyer dopocits the earnest money and may oxorciso Sailor'& remedies under Paragraph 15. C Buyer may Instruct (he escrow agent to deposit the earnest money In an Inleresl- bearing account 31 a foderaliy Insured financial institution and to credit any Intoreat to Buyer. (TAR•1002) 2E-G2 Inrllalad for IdenOncauon by auger K /�. _ :roller Peg. 2 of IJ �� ^-� �7.�.w��,�y w i01 nw M IMN, r100r l��rrl• C �T.�rrKw'�I'.r1.�a1[ �OLlv.r�r rw iN.n..r— ....vr����...Ar �r M+...yrr -�- ~i.�b�w.1r.v u� �•...�.�+�r�...�..r�..M.rW rucc I�e r-la faM r� Comme,riol Coneecl - UN"rovee progeny ConCbmin0 471r :G GTAEET, PARR TQXA& a. TfiLE POLICY AND SURVEY: A. IWo Pallor (1) Seller, al $slur's oXpensa, will fUmish Buyer an Owners Policy of Me Insurance (the t1us policy) issued by the title company In the amount of the sales price, dated at or after dosing, Insuring Buyer against loss under the UUa policy, subject only to: (A) those title exceptions permllled by this contract. or as may be approved by Buyer In writing, and (b) the standard printed exceptions contained In the promulgated form of tlUe policy unless this contract provides othorwlse (2) The standard printed exception as to discrepancies, connictit, or shortages In area and boundary lines, or any encroachments or protrusions, or any overlapping Improvements: * (a) will not be amended or acletcd from the tiuo policy. ❑ (b) will be amended to read "shortages in areas' at the expense, of O Buyer ❑ Seller (3) Buyer may object to any nastrla ve covenants on the Property whin the time nequlred undor Paragraph 6C. (4) Within 71 days after the offective data, Seiler will furnish Buyer a comrnitmonl for No Insuranco (the commitment) including legible topics of recorded documents evidencing UUo exceptions Seller authorizes the UUe company to deliver the commitment and related documents to Buyer at Buyer's eddrees. (1) Within zT days after the effective data: ❑ (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the- survoy to Seller. m (b) Seller, at Seller's expense, will fumish Buyer a survoy of the Property dated after the effecdvo data ❑ (c) Seller will deliver a hue and coned copy of Seller's existing survey of the Property dated Seller. at Seller's expense. ❑ (i) will have the existing Survey reoertliled on a data not earlier than ❑ (U) will not have the existing survey recsrlJ%d. Saner t.7 will ❑ wlll rot deliver to the We company an efndavlt required by the ulle company for approval of the survey that sta(ac that Seller knows of no changes or alterahons to the Property an depicted on the survey. (2) The survey required under Paragraph 68(1) must bo made by a Registered Profeulonal Lend Surveyor acceptable to the ltUe company. The survey must: (a) identify (he Property by metes and bounds or platted lot doscriptim (b) show that the survey was made and stakod on the ground with corners permanently marked; (c) sot forth the dimensions and total area of the Property; (d) show the location of all Improvements, highways, Wools, roads, railroads, rivers, creeks or other waterways, fences, easements, and righta -of -way on the Property with all casements and rights- of-way referenced to (heir recording Information; (e) show nny discrepancies or conflicts In boundaries. any visible encrobchmena, and arty portion of the Property lying In a special flood hazard area (en 'A' or V zone as shown on the currant Federal Emergency Management Agency (Fl=-MA) flood inaurence rice map), and (() contain the surveyor's certificate that the survey Is We and corrocL (TAR-1002) 2d1 -02 Wit.lod for Idonllfleallnn by PVyer _- Seller _ -_ Pops J of 1! - ,.-- �,,.,.,1 __`_.a ---- �1--�� r i.l.n.+r•nti rn w.rir. rti_,. ..+..r�wf- r.,••e�.m 1ti1�.YMr1M4•rti��lw.d ir.�r►. -r y+,►.�Vr. V1+�Y• Y��1 �.Y•W�r11���r�r.r�...r r�rr rr�r Ir�l I.ti Ot.i� commercial Conlr&cl - UnlmDrovod Pro Derry Conceminp 4ttN 9E DIPTAT YARIL,1CXAs C. Buyaep obierlionx to the Commltment end Survey (1) within a days rifler Buyer remlves the commitment. Copes of the documonts cvldanclnrl the title excoptlons. and any required survey, Buyer may object In writing to matters disclosed in the Items It (a) the mstlera disclosed consUtule a dofoct or oncumbroncia to UUC other than thoso permitted by this contract or Ilens that Seller will satisfy at dosing or Buyer will assume at closing, or (b) the Items show that any part of the Property ties in a species flood hazard area (an -A' or V zone as defined by FEMA), (2) Seller may, but is not obligated to, cure Buyers timely objections within 20 doys after Seller receives the objections, The dosing data will be extended as neca"ary to cure the ob)octions. If Seiler falls to wre the objections by the time required. Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminate&, the earnest money, leas any independent Consideration under Paragraph 7B(3)(a), will be refunded to Buyer. (3) Buyers tenure to timely object or terminate under this Paragraph 8C is a weaver of Buyers right to obioct oxcopl U1at Buyer will not waive the requirement's in Schedule C of the commitment 7. PROPERTY CONDITION. ❑ A. Prnsont Condition (Greer (1) or (2) only.) O (1) Buyer accepts the Property In Its present 'as-15- condition. ❑ (2) Buyer accepts tho Property In its present condition oxcopt that Sollcr, at Sellers expense, will complete the following botme dosing: ® B. Feasibili (1) pollvyry of Property Informatlon: Within r days after the effocUvo dale - Seller will deliver to Buyer the following Items to the extent that the Items are in Seller's possession or are reedlly available to Seller. Any ncm not doliverod Jr, doomed not to bo in Sollor's pos3o:sion or roadity avallabin to Seller, The Itemtz Seller will deliver are: (c) oopios of all previous environmental assessments, studies, or analyses made on or totaling to the Property, (a) piets or the Property: 911111411.- (0) (TAR -1002) 2.802 In111310d for Idenll6ceuon by Duyec 4 _ $tiller _ „ Ir"ea 4 of 13 - - .r._`.._rr.�. -.-. .. �w�w.�.��...�.....r. ti+. ou,.n..�r. .-- r- •..�...- �-- �.�. -a. ramie. w� .,. _... -. r ��.r- r r.r..... or,....,... w..�.:.....r� u. ti ,ti. r. w� r.r�.owti+�.� w .r u .c. r .s i r -..•., rave Commeror Convect • Unimproved Propony C*nccm,np 4?TH :rSTREGY, PART NUA (2) InspadlonR, Sludles_ or AsseSSments' (a) Within to days after the effective dale, Buyer, at Buyer's expense, may complete or cause to be completed Inspections, studies, or assessments of the Property. Inspection, &Ludios, or aeFessmenis may include, but are not limited to' (I) physical property Inspections; (11) economic fcaslblllry studios; (iii) envlronmentai sssos.;monls; and (Iv) engineering studies (b) Buyer must: (i) employ only trained and qualified Inspectors and asaessom; (11) notify Seller, In advance. or when the Inspectors or assessors will bo on the Property: (ill) abide by any reasonable entry rules or requirements that Seller may roquirv; (Iv) not Interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition U Altered due to Inspections, studies, or assessments that Buyer complolos or causes to be completed (c) Except for those matters that arlae from the negligence of Seller or Sellers agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expcnso resulting from Buyers Inspections, studies, or assessments. Including any property damage or personal Injury. Buyer will Indemnify, hold harmleae, and defend Seller and Sellers agente against any claim involving a matter for which Buyer is rospor sibic under this paragraph. This paragraph survives torminatlon of this contract. (3) FJ;aslbllhv Porlod pnd RlgU_U LJCDDj=j Buyer may terminate this contract for any reason within ro days after the effective dale by pm%nding Seller with written notice of termination. If Buyer does not terminate wfthm the time required, Buyer accepts the Property in its present "as Is' condition with any repair& Seller is obligated to complete under this contract. (Check only one box). QJ (a) If Buyer larmtnates under this Paragraph 78(3), the ea host money will be refunded be Buyer loss $ r xoo oo that Seller will retain ss Independent considerallon for Buyers right to torminato. Buyer has tendered tho independent consideration to Sailor upon payment of the full amount specified In Paragraph 5 to the escrow agent The Independent consideration Is to be crodded to the sates price only upon closing of the sale ❑ (b) Buyer has paid Seller S as independent conwdergtion for Buyer& right to terminate by tendering such amount directly to Seller or Seller's agent_ If Buyer terminates under this Paragraph 7B(3), the earnest money will be refunded to Buyer and Seller will retain the Independent considorelion. The independent consideration O will ❑ will not be credited to the sales prlce upon closing of the sale. (A) Peturn or Propgrly information: If this contract termnnoion for any reason, Buyer will, not later then 10 days after the termination date: (1) return to Seller all those Itoms described In Paragraph 70(1) that Seller delivered to Buyer and all copies that Buyer mado or thorn Items; and (II) deliver copies of all Inspoction and assessment reports (excluding economic foasibillly studies) related to the Property that Buyar complotod or caused to be completed. This Paragraph 79(4) survives termination of thl-. contract. (5) Contracts Affeglina Operations: After Buyers right to terminate under 70(3) expires, Seller may not enter Into, amoud. or terminate any other contract that affects the operations of the Property without Buyer's prior writlen approval. (T'AH.i Bad Hllipl.d to, Id-1111caltnn by Buys, _ Sailor repo 5 of 13 L�..r r++�Ir<7.1��r` •�A r-- r r.1 w�a..4, Ire r. N�.• ►� .., .... 1. 1.a+ ,rr, Y..1 r , �..., r..rllrr�,1 ✓..11.1 � , �.. �r ..rwK�../�rr...rranr,l.4r^rr,r ,�.r.r. wti�r..r•w....r1.Yr p.yly.r��.r.,rL �c 1A, ��Arr N, V.J u i J L I U V I/ Ulu CommerG of Con lrsa - Unlmprwed Propenr Conoeming ArrN 66 VARM. PANIC. TCIAC 8. BROKERS- A The brokers to thlt salo are CHAD UROWW CANNOT NVAUVAM BIANWNONIP LAND AND CATTLE CO. Cooperndng Arokor Uwn1e No Pendpel broker License No. 77A1 LAMAR AV6NUC, PARIl, TiIAR TCAID 7770 COMM CHURCH, ►ARIL, MAR 7410 Addracc Addre /e ow•707.1100 eoo•1tlxo17= IoJ•rwrn Phone rsx Phone Felt Cooperating Broker represents buyer B. Eqn. (Chock only one box.) Principal Broker, (Chock only ono box) 13 ropresnntsa Sailor only, 0 represents Buyer only 0 Is an Intermediary between Seller and Buyer. O (1) Sailor will pay Princlpel Broker the foe specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay CooporaUng Broker the fee spcclflcd In the Agreement Between Brokers found below the penfes' signaturos to this oonlract. M (2) At the closing of this solle, Seller will pay; Cooperating Broker a total cash foe of: M a'so % of the sales price. Principal Broker p total cash fee of: KI 3W % of the sales price. ❑ The cash fees will be paid In , LAMAN County. Tcxa Sailor outhortes escrow s. ow agent to pay the brokers from the Seller's proceeds et dosing. NOTICE Chapfor 62. Toxas Property Code, oufhonzes a broker to secure an oamod commission with a lien against the Property. C The partJos may not amend this Paragraph 8 without the written consent of the brokers affected by tho amendment. 9• CLOSING: A. The closing of the Bale *111 be on or before OCTO0ea 37, 2001 or within 7 days after objections to flue havo been cured. whlrhevnr date Is later (the closing date) if either party fails to close by the dosing data, the non - defaulting party may aofarrlso the remedies in Porngroph 15. 8, At closing, Seller will execute and deliver, at Sellers expense, a 13 general m special warranty deed. T1te dead must Include a vendor's Ilan If any pan of the sales price Is finaneod. The deed must convey good and Indefeasible title W the Property and show no exceptions other than those permitted under Paragraph A or other provisions of thls.00ntract, Seller must convey the Property at dosing (1) with no Hanc, aasessments, or other security Interests against the Property which will not be satisfied out of the salos price unlocs securing loans Buyer assumetti (2) without any assumed loans In default; and (3) with no persons in possession of any pert of the Property ae lAasess, tenants at sufferanco, or trespossors oxcopL LenanL under the written leases asrlgned to Buyer under this contract. RAR -1802) 2.8 -07 Initlwlod for IdonllBcstiun by OUyvr k1- _— ;�Ilar _ Pap. a of 13 ,. -r-+r •+.I.r. --w -+m w_..- �ti- -.. �..nv m.�, c- �.�..�� -- - w1�.u1� Ilrr �. � .r�����YY����w�/..�,.rnrY�h.lwV 11�1'I w.YrMIYn .IY/�rtinM.1�,��M.IIY:[ 1101 r�ti 11 ►1� CnmmorClPi COntnla - Unlmprp1,90 t'rOWnly C�ntemine •77N SG CTRGLT. PARIS, Tt1tA� At dosing, Seller, at Sellers expense, will also deliver. (1) tar statement; showing no delinquent taxes on the Property, (2) an assignment of all Innees to or on (ho Property. (3) to the oxient asslgnable, an assignment to Buyer of any licenses and permits related to the Properly; (4) evidence that the person executing this contract Is legally capable and authorized to bind Seller; and (S) any notices, statements, cortifcetes, affidavit:, rcicosos. and othor documents regvired by this contract, the commdtmont, or law nerursary for the closing of the :ale and Lssuanco of the tltio policy, all of which must be completed by Seller as necessary. D. Al. dosing, Buyor will (1) pay the :ales prlca in good funds acceptable to the escrow agent (2) deliver evidence that the person oxecuting this contract Is legally copablo and authorized to bind Buyer; and (3) execute and deliver any notlocs, statements, certificates, or othor documents required by this ocntraCT or taw necessary to closo the sale. E. Unless the panlas agroo otherwise, the ctoeing documots will be as found In the basic forme In the current edition of the SbYW Bar of Texas Real Estate Forme Manual without any additional dausas. 10- POSSESSION; Seller will deliver possession of the Propertly to Buyer upon dosing and funding of this sate in its present condition with any repairs Seller Is obligated to complete under this contract ordinary wear and tsar axcepted. Until closing, Scllor will operate the Property In tho samo mannor as on tho effectnro data. Any possession by Buyer before closing or by Seller after dosing that is not authorizod by a separate writlen lease agreomont Is a landlord•tengnt at sufforanco rotoUonship between the parties. 11. SPECIAL PROVISIONS: (Identify exhibit 1 1'speclo /provisions are confslnod In on arlachmont.) I INC:;ALIM ►RICE WILL S[ CAL CULATLO DN THA ■AAIC DP 116,000.80 PER 3URVGYED ACRF TNGR4IC A CAP 01 ST20,000,00 TOTAL PURCNAAS►RICH ON THU LALL IF THE TOTAL OURVGyED ACR(a n LABIL THAN 44.00 ACRES, THE SALE& PRICE WILL 01 REDUCCO 70 110.1101140 PER ACRS. IP THE TOTAL AUSIMED ACRE& M M0RETHAN44F>o ACRES, BUT LB6: THAN 43AC ACRE6, THE TALC PRICA WILL IIW20 0110A0. IF THE TOTAL SURVETED ACReA It aREATGR THAN 4.00 ACRE3, THE SELLER OR GUYEM WILL HAVC THE; OPTION Of CANCELLIND THIA CONTRACT. 21 TN6 WILLER AND BUYER AGREE THAT THIS CONTRACT MAY ae GMUTED IN COUNTERMRTG: AND A AAXID COPT OF A SIGNATURE Of EACH PARTY TO THE CONTRACT PRESENTED To THE TITLE COMPANY WILL BE BINDINO AS IA6cuTION HEREOF. 12. SALES EXPENSES: A. Seller's Expenses; Soller will pay for the following at or beforo dosing: (1) reloases arealeling liens, other jhan those lions assumed by Buyer, Including prepayment ponalties and recording fens: (2) release or Seller's loan liability, If applicable. (3) tax staticmants or oortlncatcs; (4) preparation of the dead: (S) one -half of any escrow fee; (8) costs to record any documents to cure We objections that Soller must tune: and (7) other expeneen that Seller will pay under othor provisions of this contras, (TAR•1002) 2.&42 InIPPi w for ICenUncallon by Buyer, _ (rOUS. Paso 7 of t Comrnertynl Connect Un —pro—d Pruparry Concaming 477H 9E 7TALL7, VAa4. 7110XAS B. Buyer's Exponoti: Buyer will pay for the followinp at or before dosing, (1) all loan expenses (roe example. application foss, origination roes, aiawunt fool buy-down fees, commitment foes, appraisal fees, assumption foes, recording fees, tax service roes, mortgageo tlUe policy expenses, credll report fees, document prepamimn fees, interest expanse that Buyer's landor roquires Buyer to pay at dosing. loan related Inspection foes, amortization schadulo foes, couner fees, underwriting fees, wire transfer loos, and other foes required by Buyers fender), (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trurd; (d) premiums for flood Insurance as may be required by Buyer's lender; (5) one -half of any escrow Ica; (6) copy and delivery fees for delivery of the Me commlbnont and related documents; and (T) other expanses that Buyer will pay under olhar provisions of this contract. 13. PRORATIONS, ROLLBACK TAXES, RENT, AND DEPOSITS. A Prarzltlan�: (1) Interest on any assumed loan, faxes, rants, and any expense reimbursements from Icnams will be proratod through the closing data. (2) If the amount of ad valorem taxes for the year in which the sale closes Is not available on the uastng data, taxos will be proraled on the basis of taxes assessed in [he previous year. If the taxes for the year In which the sale doses vary from tho amount prorated at closing. [he parties will adjust the proration when the tax alatemants for the year in which the anle rdosee become available This Paragraph 13A(2) survives dosing. (3) If Buyor assumes a loan or Is taking the Properly subject to an exisling Ilan, Seiler will Transfer all reserve doposlts hold by the lender for the payment of taxes. Insurance premiums, and other charges to Buyerat.uosing and Buyer will fulmburse such amounts to- Sailor by an appropriate adjustment at closing. B. Rol back Taxnt+' if Seller changes the use of the Property before closing or It a denial of a special valusUon on the Property claimed by Seller results in the aesesement of additional taxos, penalties, or Interest ( asossments) for periods before dosing, the assessments will be the obligation of the Seller. if thie sale or Buyer's use of the Property after closing results In additional assessments for periods bororo closing, Iho assessments will be the obligation of Buyer. This Paragraph 136 survival dosing. C. Rent and Security DaQOSts: At rJosing, Seller will tender to Buyer all securlry deposits and the following advance payments received by Seller for perodB after closing: prepaid oxponaos, advance rental payments, and olhor advanco payments paid by tonenla. Rants prorated to one party but received by the other party will be remitted by the reciplont to the party to whom It was prorated within 5 day@ after the rent Is received. This Paragraph 13C survives closing. 1a, CONDEMNATION; If before dosing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. lorminato this contract by providing written notice to Seller within 15 daytti alter Buyer is adviped of the condemnation proceedings and the earnest money, loss any Indapendont consideration paid under Paragraph 7B(3xa), will be refunded to Buyer, or B appear and defend In the condemnation pmoeedings and any award wYl, nt Buyers election, bolong to: (1) Seller and the sales price will be reduced by the some amount; or (2) Buyer and the sales price will not be reduced. (TAR -1902) Z -t42 Inlllelcd for Idenir c3lion by 0vy"rV _ Soller _ _ hago e of 13 r��.- ��.•, 1-- .II�.�V..,.J— rn.a.,...�,olew lr.r. u..1 �. w..n wuWA U1. �, r, cn.�w,r�d„[�- r..rwrY•o.e lamYt�re .w�I.M /+.(rw1�Ylrn,�l Yr w. ►ti.rYrr� r+rr r..r.yr 1,�.• +��.- +.�.r.+�.�1,.,�rV,. --c 1111 ComrmeMal Contras - Unlmyowed Ptopeny Corlceminp t7Tw s6 ]fRE �, ►aRt;, ie (i+ 15. DEFAULT: A. If Buyer falls to comply with this contrzicl, Buyer Is in default and Seller may: (1) terminate this contrtct end recelve the earnest money as Ilquideted derlogae, thereby rcloasing the parties from this contract; or 8. It, without fault, Seller Is unable within the tlmc allowed to deliver the commitment, Buyer may (1) terminate this contract end receive the earnest money, lesA Any Independent consideration under Paragraph 78(3)(a), as the sole remedy. or (2) erlond the time for performance up to 15 days and the dosing will be extended as necessary . C Except as provided In Paragmtph 158, If Seller falls to comply with this contrect, Seiler Is In default and 13uyer may: (1) terminate this contract end receive the earnest money, less any Independent consideratlon under Paragraph 7B(3)(a), as Ilduidatod darnagos, thereby releasing the parties from this cone am or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. ATTORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prlsvelling party in any legal proceeding brought under or with relation to this contrail or this transaction, such perry Is entitled to recover from trio non- pnavalling parties all costs of such proceeding and reasonable attomoy's fees. This Paragraph 16 survives termination of this contract. 17. ESCROW. A. At closing, the earnest money will be applied first to any cash dawn payment, then to Buyer's dosing costs, and any excess will be rofundod to Buyer. _8. Ifboth parties mako .wrihen.damand for the earnest money, escrow agent may require payment of . unpaid oxponses Insured on behalf of tho partlos and a wrdfon rolea&A of liability of escrow agent from 31f parties. C. If one party make& written demand for the earnest money, escrow agent will give notice of tha demand by providing to the other party a copy of the demand. it escrow agent doea not receive written objection to the demand from the other party within 30 days after the date escrow agent sent the demand Lo the other party, escrow agent may disburse the earnest money to tho party making demand, reduced by the amount of unpaid expenses Incurred on behalf of the party recclving the earnest money and escrow agent may pay tho same to the cneditom. D Escrow agent will deduct any Independent conalderntlon under Paragraph 7B(3)(3) before dtsbursing any gamest money to Buyer and will pay the Independent consideration to Seller. E. If escrow agent compllos with this Paragraph 17, each party hereby reloascs escrow agom from all claims rolalod to the disbursal of the earnest money, F Notrces under this Paragraph 17 must be sent by certified mail, return receipt roquested Notices to escrow agont are effoctive upon rocelpt by escrow agont. 18. MATERIAL FACTS: A To the best of Sellers knowledge and belief: (Chock (1) or (2) only.) (TAR -1004) 2802 lm'Niled for Identification W Buyer P- _ Sailer _. face a 01 13 �.n�� -r ��r' •. .••.4l wr. �� rw�t�..,�e �.rr�t✓�,r tti ll Nl.Irl�Ultn 4R .w�IF��..�r�,.�+n,Ol[.OHUI�ItA �,Nw —.�_— — .r.�rrun..l .r.rr,r.Y. r..F r.�+..�r."r�M�,... r.1�,r„�C.1 • r1�� �� W CDn+merr/N Contract - Unlmpro od Properly Concemmp 4 rTH 9E 9TRLET. faPic Tr1►c O (1) Seller is not aware of any matenal detects to the Property oxcapt as Stalod In tho attached Property Condltron Statement. M (2) Seller Is not aware of any of the following, except as described olherwiso in thb conIMCL (a) any bubsurfuce: slrucluros. pits, waste, springs, or Improvemente, (b) any pending or- hrsntened litigation, condemnation, or assessment otfcctJng the Property: (c) any envlronmentol hazards or conditions that affect the Property; (d) whether the Property Is or has over boon used for the s ionsge or disposal of hazandouc materials or toxic waste, a dump site or landfill, or any underground tank-- or containers, (e) whether radon, asbeatos Insulation or fireproofing. urea- formaldehyde foam insulation, lead - based palm, toxic mold (to the extent that it adversely affects the health of ordinary occupants). or other pollutants or contamtnantz of any nature now oxl.t or over existed on the Property; in whether wetlands, as defined by federal or state law or regulation, are on the Property; and (g) whether fhrealenod or endangered species or their habitat are on Ins Property. (Dnacnbe anyoxcopbons to (a) -(q) In Paragraph 11 or an addendum.) Each written lease Seller Is to furnish to Buyer under this contracl must be In full force and effect according to da terms without amendment or modifloallon that is not disclosed to Buyer In writing. Seller must disclose, In writing, to Buyer If any of the following exist at the time Seller provides the leases to Buyer or subsequently occur before dosing: (1) any modifications, amendments, or default by landlord or tenant under the leases, (2) any failure by Seller to cempfy with Sollor's obligations under the Ie3ees; (3) any circumstances under the lease that entitle the tenant to tcrminato the lease or seek any offsets or damages; (d) any non-occupancy of the leased premises by a tenant; (5) any advance sums paid by a tenant under the lease; (6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other madam that affect any lease; and _(7.Lany amounta payable under.the leases that havo been assigned or encumbered, except ad Vacurlty for loan(s) assumed or taken subject to under this contma. 19. NOTICES: All noticos between the partles under this conbv t must be In writing and are effective when nand- delivened, mailed by certifiod mall return receipt roquostod, or sent by facsimile transmission to the parties addresses or facsimile numbers stated In Paragraph 1. The parties will trend copies of any no600a to the broker ropres:onting the party to whom the notices are sent. 20. FEDERAL TAX REQUIREMENT: if Seller in a 'foreign person' as defined by applicable law, or A Seller falls to doltver at closing an affidavit that Seller is not a foreign person, then Buyor will withhold from the sales proceeds at dosing any amount sufficient to comply with applicoblo tax law and dellver the amount withhold to the Internal Revenue Santee (IRS), togolher with appropriate tax forms. IRS regulations require filing written reports If currency In excess of spocifled amounts Is received in the transaction. 21. DISPUTE RESOLUTION- The parties agree to nogotlale In good faith in qn effort to resolve any dispute rol ®led to this contract that may, arise. if the dispute cannot be resolved by negotlation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of e mutually acceptable mediator. This paragraph survlvoc termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent )urisdlct)on 22. AGREEMENT OF THE PARTIES: A. This contnoct is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. (rnR•1130212 .6d2 InitWwJ for Idanlincallon by Buyer _ Seller Papa 10 of 13 �.��•-'-'— .._.. —�, �w +�..- ..w +�.r� r►e .. r�.+. o+. Lei rw ra rWrr Im +u riy— ....,.r ..�✓or�auwccr im Commerriol ContrNd - Unlmpm—d PropeM Connentlnq 4TTN D; -.TROUT, y►NIx_TERA: B, This contract Is to be construed in accordance with the laws of the State of Texas. C. This contract contains tho entire agreement of the perues and may not be changed except In writing. D. If this contract is exoculyd In a number of idorrtical countorparls, each counterpart is an original and all counterparts, collectively, constitute one agreement. E. Buyer ❑ may ❑ may not assign this contract If Buyer assigns Chit contract, Buyor will be rollovcd of any future liability under this contratZ only It the a&algneo a43umes, In writing, oil obligations and liability of Buyer under this contract. F Addenda which are pert of this contract are' (Chock all that apply.) ❑ (1) Prnperty Description Exhibit, identified In Paragraph 2: W (2) Financing Addandum; MI (3) Commarclel Property Condition Statomont: ❑ (4) Notice to Purchaser of Peal Property In a Water Dislna (MUD); ❑ (5) Addendum for Coastal Aron Property, D (8) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway. ❑ (7) Addendum for Unimproved Property In a Certificalod Service Area of a Utility Sarvica Provider, and ❑ (8) (Note: C�unaet for the Tears A.asocALort of REALTORSOD (TAR) Iws dwenninecr trial any of me lbregoing addendum which are plomulporod by the Terse Reel F.srato Comnif"On (fREC) or puoA :had ay TAR ern pp.*A.ls for use with ace lo"J 73. TIME Time Is of the essence In this ronlrocL The parties require strict compliance with the Limos for performanco If tho last day to perform under a provision of this contract falls on a Saturday. Sunday, or legal holiday, the time for porformance Is extended until the and of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of porformance of oil obligations Is the date the escrow agent rocelpls this contract aher all parties exccuto Ihls con"CL 25. ADDITIONAL NOTICES: A Buyer should have an abstract covering the Property examined by an attorney of Buyefa selact,on, or Buyer should be fumished with or obtain a title policy. B. If the Property Is stluated In a udlMy or other statutorily created district providing water, sewer, drainage, or flood control facllitlas and services, Chapter 49, Texas Water Code, requires Salter to deliver and Buyer to sign the statutory notice relating to the tae rate, bondod tndebiodness, or standby toes of the district before final execution of this contract. C If the Property Is not loaned within o municipality& limits or a municipal utility distract (MUD) and is located In o certificated servicc area of a utility service provider (a utility, a water supply or sewer service corporation, or a special utility di&trlcl organtzod and operating under Chapter 65, Water Code). §13.257, Water Code requires Sailer to deliver a notice regarding the utility service Provider Io Buyer. D. If the Property adjoins or shares a common boundary with lho tidally Influenced submorDed lends or the stale, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included es pert of this contract- (TAR-1 802) 24-02 Initiated nor tdenlillmilon 17y auyrr Seller ripe t 1 o} 13 ,..�yr . ��. r. u�Yr. �1- ..rru��a�rinrrrl- .��I�I��.��Yrr �,�A ►�.I.rMr�,•�.•�IW i1V>G 1r)� r��Ne�IT J L — L L U U U\ i r\ I J U J i U J I — — 11 I l C CommorbN cw1raa • unimproved Properly Concornln0 try MEG cTR16T. PARm, TEXA7 \ . iii, / — J i — V 1 11 . U . " — E. If the Property Is located seaward of the Gulf Intracoastal W2tgrw3y, §61.025, Texas Natural Roscurees Code, requlros a notice regarding the seaward locatlon of the Property to be Included as port of this contract F If the Property Is located outside the limits of a municipality. Iho Property may now or later bo Indudod in the extra- terrltonal Jurisdiction (ETJ) of a municipality and may now or later be sub)00 to anrADQUOn by the municipality. Each municipality maintains a map that depicts Its boundaries and ETJ. To determine If the Property Is located within a munlcrpalitya ETJ, Buyer should contact all municipalities lo©tod In the genarnl proximity of the Proporry for further InformAtinn. G Broken are not qualified to perform properly Inspections, surveys, engineering studies, environmental assessments, or inspections to determine oompliance with zoning, Bovemmontal regulations, or laws, Buyer should soelc axperts to perform such service6 Seiectlon of Inspoctom and repairman it, the reaponsiblllty of Buyer and not rho brokers. 26. CONTRACT AS OFFER: The exocvtion of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m.. In the time zone In which the Property Is located, on , the offer will lapso and becomo null and void READ THIS CONTRACT CAREFULLY. The brokers and agents make no ropresentstion or recommendation as to the legal nufficbanry, loyal affect, or taps consequences of this document or transaclion. CONSULT your attiorncy BEFORE slgntng. Buyors Sellers Atborncy IS 1 MARK HME Attorney Is ewue NutcNk'EQN Buyer. oeL"WOT LTC. LTVI By Printed Name: �u �. Lp VAf N _ Title: 14 U Buyer: By Printed Name: TIIIo: frAn 1802 2-"2 Seller. oCC ',IONA'IURRADDGNOUM I'ox tn.LENO 7KINATURM By Prnted Name'. Tdlb: Seller. By. PrImad Name. Title'. Pape 12 d 13 e..+r�- �'"r..i.�.r- �r -.�,o. —rte. r....w.wr n..,... ti' �'rie� �►�,w�.�nr�nmt.r��v.irn �., �, .c �,e. ..- .- ��.ww.wr.nrrni�rkfre,. Commarrial Conlrad - unimproved Properry Co�comin9 (rrH 9E GntEET, ►AAII. TE3At AGREEMENT BETWEEN BROKERS (principal Broker wgreen to pay CHAD BROWNI&ARNESTBEAUVAIS (Cooporating Broker) a roe of $ or cua % of the sales prlco when the Principal Brokers fee is received. Escrow agent is authorized and directed to pay Cooperafting Broker from Principal Brokers fee at dosing. This Agreement Between Brokom aupemedea any prior offers and agreements for cmmpensatlon between brokers. CHAD BROWN[ EARNEersEADVA I9 aIANKIN6MP WdD AND CA TTLE CO. Cooperating Broker Principal fjreker By: By ESCROW RECEIPT E agent acknowledges receipt of p p' td A the contract on thu day _ Q - OO (effective date), (y'b. eam"t money in the amount of $ 10,000.00 In the form of f (on it, zJ- Of Escrow Agent: BTONL TrrLk COMPANY. INC. Address: a 1 C NW PAIUa. TIZAS 76AII0 By Phone. Fqr (TAR -1007) 2-"2 Lw• ��" �� .���.�[�N1�.�ro.���.��1�r�LM.4. ioo `I �y.�13 -v �0� 1.-�� 1�1MK Mil u1.�11. Page 13 of 13 t v1� r1.`t�+Ml�.JOlf -NLn4� Y /�a'YIY TocAs ASsQCIAT1oN OF REALTORTI COMMERCIAL CONTRACT FINANCING ADDENDUM us,[ -Vom rrc o' W �To.w • •01 A ,Owns ADDENDUM TO COMMERCIAL CONTRACT BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 4rTN 76 BTREET. PARIS. TELL The portion of the Salos Prier not payable in cash will be paid as follows; (Chock at/ that apply.) 19 A• THIRD PARTY FINANQING: (1) The contract Is contingent upon Buyer obtaining a third party loan secured by the Property In the amount of S aeobo.00 for no less then +b years with tno InIU21 Interest rate not to exceed y.b00% per annum. (2) Not later than u days after the effective date of the contract, Buyer must apply for the thlyd party loan descrlbod In Paragraph A(1). Buyer must make every reasonable effort to obtain the loan. Buyer has obtained No loan when the fonder has determined that Buyer has satisfied all of fondor's financial requirements (those hams relating to not worth. Income, and csadllworthinses). If tho loan is not obtained within .e days after the ef(octive date, the contract will terminate and the eamest money, loss, any independent consideration under Paragraph 7B(3)(8) or the contract, will be refunded to Buyer. (3) Each note to be executed under this addendum i& to be -secured by vendor's and deed of bust lions (d) If the loin Is obtained within the time roqulred under Paragraph A(2) but Buyer's lender has not completed lender's dosing requirement- (for mmple, survey, Insurance, ropaus, closing documents, appraisal), the closing data will be extended up to 15 days only if necessary to complete lender's dosing requlrementc. ❑ d ASSUMPTION' (1) Buyer wlll assume the unpaid principal balance of the existing promissory note secured by the Property payable to dated which balance at dosing will be 3 (2) Buyers Initial payment will be the first paymonl due after closing. Buyer's assumption of the existing note Includes all obligations Imposed by the dead of trust securing the note, rewrdod In Vol. , Page In the real property records of the county where the Property is located. (3) If the unpaid prindpel balance of the assumed loan as of the data of closing varlos from the loan balance stated above, the cash payable at closing will be adjusted by the net amount of any variance; provided, If the total principal balance of the assumed loan varies In an amount greater than S at dosing, either party may terminate this contract and the oamost money will be refunded to Buyer unless either party elects to eliminate the excess In the variance by an appropriate adjustment at closing. (TM -101) 2.6,02 Inlbaled for IdentInc.lion by auyar Sauer Page r or a �..-�.rr �+tif `n ^.IY��,Mw.rr..rA 1..r..�s.. �wpw lf.�., yY Nl.lb. •IWf nA IR I�R [M.t/�frl��..r1�r�.r.rlAlr�CrW ti � . f•-sr. MA n�Yw��YW'- 1Y..V�r�.�,� -.r Y...IAPT�1��.lY�rrJ.� \I!1 I�r• N Ire Flnandrig Addendum COMCCming JTTn cc CIRECT rAwlt Tc1At (a) Buyer may terminats the contract and trio earnest money. loss any Independent conelderallon under Paragraph 713(3)(3) of the conlract, will be refunded to Buyer if the noto holder on assumption rfquirSR (a) Buyer to pay an assumption too In excess of S and Seller dccllnes to pay such excess; (b) 3n Increase In the Intorost rate to more than xl; or (c) any othor modification of the loan documents. (5) Unless Seller is released of liablllty on any assumed note. Seller roqulres a vendors lien and deed of trust to -ccure assumption, which will be automatically roleesad on oxocutlon and delivery of a release by the nolc holdor (e) If assumption approval is required by the note holder, Buyor will apply for assumption approval within days after the effective date of the contract and will make every reasonable offort to obumn assumption approval. AssumpUOn approval Is obtained when the lender dotonnlnos that Buyer has satlsflod all of lendoes flnanclal requirements (those Items relating to Buyors nat worth, Income, and credlbvorthlnesa). If assumption approval Is not obtained within days after the effocllve data, the contract will terminate and the earnest money, loss any independent consideration under Paragraph 7B(3)(s) of the contract will be refunded to Buyer ❑ C. SELLER FINANCING: (1) At dosing, Buyor will execute and deliver a promissory note (the note) from Buyer to Scllor In the amountors , boaring 1% interost per annum. matured, unpaid amounts will bear interest at tho maximum rate of interest allowed by law. (2) The note will be payable as follows: D (a) In one payment, due of ft note. with Interest payable ❑ monthly ❑ after the date ❑ (b) In installments of S ❑ including Intorost ❑ plus Interest beginning after tho date of the note and continuing at ❑ monfnly ❑ Intervals thereafter for when the entire balance of the note will be due and payable. ❑ (c) Inlorest only in ❑ monthly ❑ Installments for the first years and thereafter in installments of S ❑ including Inlerost ❑ plus Interest beginning after the data of the note and condnuing at ❑ monthly ❑ Intervals thereafter for when the entire bafanco of the nolc will be due and payable. (3) The now will be secured by vendors and deed of trust liens and an assignment of leases payable at the place designated by Seller. (4) The noto will provide that If Buyer falls to timely pay an Installmont Buyer within 10 days after the Installment Is due, Buyer will pay a late fee equal to 5% of the installment not paid. (5) The note ❑ will ❑ will not provide for liability (personal or corporals) against the maker In the event of default (a) The note may be prepaid In whole or in part at any time without penalty Any prepayments are to be applied to the payment of tho Installments of principal last maturing and intoroet will immodialoly ciaase an the prepaid principal. (TAR -1951) 2 -6-a2 InMleled for Wanuillcallon by PuyOr Seller Pape 2 Of d /+�� rte. ww�tMM- � � �� V+,.i�1.��14.1� M 1bn,�, � f01, coil 11101.1100 >Y i �l0 L �`- r-- •�ua��.�l...q,M01,� Flnancino Addondum concoming 47TH IM URF6T VSRI,. TUfA, (7) The lien securing payment or tho noto will be Interior to any Gen securing any superior note described In this addendum If an owners policy of IIUe Insuranco Is fumishod, Buyor, at Buyers expense. will furnish Seller with a morigagoo UUo policy In tho amount of the note at closing, (8) If all or any part of the Property Is sold or conveyed without Saber's prior written consent. Seller, at Sellers option, may declare the outstanding principal balance of the note, plus accrued Interest. Immediately due and payable. Any of the following is not a sate or conveyance of the Property; (e) the creation of a subordlnato Ilan; (b) a sale under a aubordinato lien; (c) a doed under throat or ordor of condemnation; (d) a conveyance solely between tho parties, or (a) tho passage of UUo try reason of death of a maker or oporatlon of law. (g) Deootllr for Tnxe4 and Insurance (a) In addition to the principal and Interest Inateliments, Buyer ❑ will ❑ will not deposit with Sollor a pro rota part of the estimated annual ad velorom taxes on the Property and a pro rata part of the estimated annual Insurance premiums for Iho Improvements on the Property. (b) If Buyer deposits taxos and Insurance deposits with Sailer, Buyer agrees that Iho taxes and insurance depeStt4 are only estimates and may be Insufficient to pay total taxes and insurance premiums. Buyer agroos to pay any deficiency within 30 days after Sailer nolines Buyer of any deficiency. Buyers failure to pay tho doneiency Is o dofault under the deed of trust. (e) If any suporior lien holder on Ilia Property eollecla payments for taxes and insurance, any requirement to deposit taxes and insurance deposits with Selior under this addendum Is Inoperative so lone as payments are bung made to the superior lion holdor. (10) Any evonl that consulutes a default under any superior lion conisi tutee a default under tho deed of trust securing the note. 01) The note will include a provision for reasonable attorney's fees for any collection action. (12) unless the parties agroo otherwise, the form of trio note and loan documents will bo as found in the current edition of the Slate Bar of Texas Real ave Forms Manual without any additional clauses. (1) To esbblish Buyer's creditworthiness for assumption approval or sailor financing, Buyer will deliver to Sailor the following Information (Buyers documentation) within days after the effoctive date of the contract- 0 (a) vorincatlon of employmont, Including salary; ❑ (b) verification of funds on deposit in financial InsIllutions; 0 (c) current financial stalcment: O (d) credit report; O (c) tax rctums for the following years C2 in r rTAR.19i1) aJt1T2 In11181id for ldanurleAllon by Brryor & _ 9•Iler PS-00 3 of 4 .��rr.d.�•..Lr./—am��,r.,r��M rK ro�� rr� •M. 101 rYn1, r111i11,Im41 Ylrl l• c1y�.•rw.�Cr.worr0yayrm[ttr Financing Addendum concerning <rrN :C CTRCCT, PARC, TGxAC (2) If Buyers documentation Is not dellvorod within the time required, the contrecl will terminate and the earnest money, less any independent consideration under Paragraph 7B(3)(8) of the contract, will bo refunded to Buyer. If Buyer timely delivers Buyele docAimontatlon and Sailor determines, In Sellers sole dlsrsellon, that Buyers creditworthiness is not acceptable, Seller may lerminale the contract by provldlnp written notice to Buyer not later than days after the date Buyer must doltver Buyers documentation under Paragraph 0(1), and Inc earnest money, less any independent oonelderation under Paragraph 7B(3)(a) or the contract, will bo refunded to Buyor. If Seller does not timely terminate the con"et under this paragraph. Seiler will be dcom"a to have occoptod Buyer's crodlL ❑ E. SPECIAL PROVISION5: Buyer COlIrW4UY LTC LM Dam Senor Dote Buyer Data Seller ME 910NATURE ADOLNeuw pate (TAR -1031) 2.6.02 Pape • Dt a w- .��-�+`a w�cr. r-• foerti... � .,ti.nrr.+�i....i......•y.r�,._. ro�r��r. wou l.mlfuiiN cw..� cl ....E ranrcrrim �..a.. r w.c. -.w -� •.-... r r.. r.r r�..�..r u �.�r..r. w. �r.w.. u..u+� r u.r..'4`r r.. w. i.r r � us t 1 �u. �•+r er. a+ry r- 0 § j { 5 5 ] � $\< < (» /C7 §� u \ \� \ `�� u \§ / e� <= � � e2 §2 < } /§�� =gym /\ §§ §(o 3 = </� �A Q a j 2 2j�\ 4.{ § �6 \ /Q/o j�QE R - ge } � $ §A ®/) �fc % j ) -� k\ / —1 §§ y J / \ u� �= /Bu ��4)§� / w 6 k7 \ /) §// \ @ § /� r- 0 § j { 5 EXHIBIT A 59 803 ACRES da Ilig all Lhrt Cott air tr,.cL rArc.l or land Aituataa nDo ut ] •tics Cnet 0e tnu City or parse, County rr Lnme mnn State or T.•n +, . o rt or the .1p 411UP 19001v koAdCLOhr Survey, Ahtt. Nu,. '01, a pert Of this 2U •crec deer, load In o '..d rrom Nntlol f••n uclu +, u.k. nrldu, ..C_ Prior and 7.C. Prior, to S,C. Smith on April 17, 1006, recorded In Volumr 12, Pr4e 326 _ of llltl OmeJ Roca roe ur en,d Guuntr and Stntc rnA • Dori or nU Ar. r.n Call- ran In on-1 r"" W.C. noorc to John p, no or or nl lc- 9. roc rn ono ], naora to ..C, 0m1 t1, v,. rler en 21. 1le1 , reeordod In voluno 69, Pepe 2 Oacd nsCOrJo or iein Cour Ly 4od St.e Le and acing further dvvC;Ib.0 ae roll• do g)nnlnR at an lror pin For rc,roar In thr :io„U- Boundary Lino or U-5. rllghuay 07, and tl,e V +et OandOary 1llia or call noors Lurvay, too ox- SotlnO northueet rnrnar or raid 20 ac me; Thence Caotarly uith th. SauLh Suvndury Line of U.S. Ili9hvey 82 Lhm rollO -11,u: South DO Degree-) S1 Minutam Loot a dirtAnCR Cr JC4.0 7mat t0 • conrrnta monumont. thu gi oe r.ur—turo or . curs to tho lart nav In o raAlvo of 2920.79 fort: Thence CACtcrly ulth &old curve having a Iona chord brurinQ North 87 DAOraea 44 MtnUtce East an arc Jietonce of 107.0 Fact; Thence South 66 OngrdAe b] fllmo Lee Cast a dlatnnco or 112.2 rant tv a rnncm pout for corner In the Ueat Ooundary Lanr or a County road; Thence P,oulh 0 Dooreah 16 Minutou Ueet uItt, skid Uaal Lin. a dletanca or 1071.0 rcet to an Iron pin rounu for Corner; Thence South 09 Omgraac 07 rllnutNX Ueet vith the South Douhdary Lln4 or aAld xn aerete. a dletanca of 1jn;.n feet to a rsnce poet ror_Co Mar. trip ."utnuaat Corn -r or said 00 arrAn; Thant" North 0 Ongrocs AS Mlnut., Cagt ult.h Chia Unlit tioui,dAry lino or maid Moore burvay and the [But boundary line or oald Lm ACh 5urvgy a Oln- tonce of 690,0 Feet to A r «,.,:, pact ror earner; Thrncc North 0 00draae 31 nlnutas JO �,rconds rrat ultn said common Survey Linn a dintanca nr i2j0,6 root to the p!eca of beginnAno and contain- trig :u,UU3 arra. or Innd, more or Ions. The under—gncd door ntlreoy cnrlcry that this Suruny was this any m4dA on the oround or the prnparty JAecrLDoo nuraon, and tl,At thmro are no vloubla or apparent ,.c,chroechmcnt :, C.Carl -0 shcun nut +On, and that assn pruOerty has mccmss to And from a deJLLaLCd (orU, OATr: rhli the 1rn Joy or Apr 11 1903 Robert Chaney, N.v.. NO. 2345 9TATC OF TCXA; COUNTY or LAMAR nCrORC MC, thr unnaralgnoO authority, 4 NOLary PJ011c In and For lain County and State on thlo day Poreunwily .Clamored nuUart S_ Chaney known to ,eA to be Lon Daroon unoea vamp Is suhpnrihed to the rormoolnO instrument and acknoulec000 to my thAt he carcuted somu for the purpnsa Ann ronaldora- tioh Lhoccin a.pransad_ CIVCN UNOCA My HAND 9CAL or Orricc. this 71 coy of4f-J) _ A,D_ 1787_ kOT/oAY PUbJC, T iCxAS N LL S. Hwr. 43 0 0 J J EXHIBIT A t t CAvE AND EXCEPT 5 624 AND 5.109 ACRES, EXHIBIT A 1=• 5. Nwr, t72 ✓ ST rI[ ,�` SJD9 A..1_ L L -1 C ricco n0TC5 0.1n9 ill th.t ca rtain trait ar errC •1 of l.hd nl Lvatr,, ,U0— 7 nil• Cn.t n t'_ CILr Or %r% , Cnv.,ty rf Lrc•r ono Sc .L. of T•..., n o.rt afn Lho 70 ar ph Muora M••Ori �I,t '.urvny, Abet. No. ;11, o part or the 20 .Cte. da¢r10ad In a deed rroo An Celina Pride, L1.h. pride, M:C. -Arlo• •,Id.J.r_ Y11do to �.C. 7altn oil Aor 11 17, thud, r .... dad In vnl,l.o 2:, pre. 72A, ..r the Daad gr,tof d. or noid Caunty •nn It-t- and o Dart or a0 •ctao ac.- Crlbed In dead rr on u,�, nuor. LO Juhn 0. Mnara, Alice 5_ Moore, and J. noara to ;_C_ 5.1 th Un Marclr 21. 1uul, recorded in Volume 69, P.C. 2 In tG road flaCara4, of a.Id ChVhtr .nd :Lets end 0.t h9 fur th Ar dgcrlhRe u f.110—; BmOi.ni np rt .,, Iron pin for corner in the South Boundary. Llnm of 11,3 I419h1ey e7, e.10 pelnL boin0 Svu11,110 0.yrrrm L1 tllnutu. Cart a diatanr yr M0.0 r..t- No• the flu rthon.L`CO nn.R "r the AbGVY -tIA -1 70 ACrao or land; Thence ;ouch 69 Uapraaa :1 rlinut.o Caat o di.t.no..r 20 -.0 foot to • odnetati a..tU -r. the Oa0Ihnlou or ,i Carve to the L rt Mar ln9 • real un rf 27: A'_ ?7 rent; Then.■ In o Nertl..rat■rly direction along veld curve Lu the loft hsvinp a 10 nq chr,[d hoerlMg Mor1.11 111 0.9ro.e 44 Minute. Cent a dldtoncr or.247..0 r..t to on irm, pJn far co rnrt' I Th.nC. So u[n 00 V:arena 93 ninut.. Co.t n di.t•nc. or 111.1 foot to a r.nco pool, for ra.rnar; T Mont% 5a oath n t) r..- t7 ninutoo f vt w Atwt.r.r.. ,.r ilD,�a twat to „ Irol, pin ter co r,,.r; •' Thanoa North A7 ba0ra.. 51 Mlnu Lra vast • olotanco or o9 u raat to .n L,-,i plh r r covnat; Th nncr Plot h 0 0.0,:. ■■ 71 ninut.. 70 *,.-,,.,1- C••L . JI.Lanc. of J50_0 rp,L lu thr p].e. or b-onnind and cent.Jnlnq S_100 .ores 0r l.nd, n ■0ta 0l, 1, Mai.rrt :. honey, 0oQIotar.d p.011c Survey-.r Mu. 274i, :talc of li rarr. ca.tlry that tn. •tnrve Plat a�nl rlald Yot.. duPICt end rap,; --t an actu -7 Sur.•y r.u. on tna 9roun d, under my .up aryl nJ r�„ -..d rLnlannV . 4.� ;TAT( OP TCX A: hu DS rt i. Gha he, -, n— a tea ?^ cduNTY or LAM An BUM MC, the undaralpn.a autl.orlty, ■ NnL•rY public -In nu rut male Cuun LY •no St.ta an this dn► pornr,n•117 .pl...rad habart S. tnanre o De Ythe Vor .o n ....e t..• ■ nI• a .•.- eUcu.e�ara b•-j ' -t• thno uumo n.n d that e furo poln0 rpd [un ■lduraLln^ ' ^_ " ' QO 0 NN-- ✓/ N � 0 0 ri 'a. of � n 5 62L ,4 ca W -5c.�) le I,'= /00' � b a 7000, -- I ICLO NOTES _Boing all that certain tract or parcel of land zituatrd about 3 miles Coat of th4 City or Paris, county of Lamar end State or T— an, a prrt or tna 3oacph Moore Hcadrlght Survey, Abat. No, 511, a pert or the 20 acroo da3cr4boo in a deoc from Angleline Pridd, W.H. Pride, H.C. Prido and 7_L.- 4&r1de to 5.f._ Smith on April 17, 1006 recorded in volume 22, Pago 324 of the Dood Records of said county ;Jnd SLate and being rurthe: de3cribod as rallous; Beginning at an iron pin for'cornor in the South Boundary Line of U.S. HIg)iway 62 and the Wept Boundary Lino or said Moore Survey, Lhu existing Northwest cornor or the said 211 jjer..a; Thence South 89 Dogroes 51 Minutes EzsL a distance or 700.0 reet to an icon pin for corner; Thence South C Dor)rea3 ;11 M.lnutoo 30 Seconda uest a di:�tancc of 350 rest to an Iran pin for corner; Thence North 09 Degrean S1 Minutop WesL a diptancr of 700.0 feet to an iron pin fo: corner; Thence North 0 Degrees J1 Minutos 30 .r,Qcondz� CA: ;t, a daptance of 350 Feet to the place of beginning and containing 5.624 acres or l -nntl, hors or lcoa. EXHIBIT A I, RobPrL S. Chaney, 49i3tered Public Surveyor Ito. 1345. ',L..Le Lr Temp ccrtiry that the above rlat and riold Motes otr,Ii.t end rer,rrasrI an actual SWTVay made on the ground, un0yr my :upr.rvi_ inn and rlri �r•A CHANNEL EASEMENT DESCRIPTION: :,v:,lnntn-; at ,� ntnko etnke beln- C0- rl•ht nnrl pgrpondlculnr Lo coh u ter lino ervoy :,Lution 10 ^�l3S of C. 5. ;iwy. ;12. Thence li. Fi9° q, r. 10' a atal -e Uc!n� GO' ri ht and perptindlcu -1&r to center line survey at.itlon 106/24. ^hnnee S. n() -II L� 390' " std( e. "hence 090 511 }1', 401 n h Lnl:c. "hence �. 0° za' 'a. 390' Lo the Place of baginnlnr, nn,1 containln; .3, i acrnA, Imol'e or .1033. EXHIBIT A SIGNATURE ADDENDUM TO CONTRACT BETWEEN JENNII.I-h RANDLE, CINDY I— RANDLE, MARY A. COLLINS, AND MINNIE LEE COSSITT, AS SELLERS AND SOUTI- JWF-ST LTC, LTD.,AS BUYERS ON PROPERTY LOCATED ON 47TH SE- STREET, PARIS, TEXAS IT IS THE INTENT OF THE SELLERS IN THIS CONTRACT THAT THERE SIGNATURES ATTACHED TO THIS ADDENDUM SHALL CONSTITUTE THE REQUIRED SIGNATURES FOR THE CONTRACT AND THE COMMERCIAL FINANCING ADDENDUM TO SAID CONTRACT. NO OTHER SIGNATURES OR INITIALS ARE REQUIRED ON THE CONTRACT FOR IT TO BE VALID ONCE_ THIS PAGE IS SIGNED BY ALL SEILLERS. THE SELLERS ARE: JENNILEE RANDLE CINDY L. RANDLE -- �4 L MARY A. COLLINS, by and through her attorney in fact, K. Clark Collins, Jr. MINNIE LEE COSSI 'I'I' SIGNATURE ADDENDUM TO CONTRACT BETWEEN JENNILEE RANDLE, CINDY L. RANDLE, MARY A. COLLTNS, AND MINNIE LEE COSSITT, AS SELLERS AND SOUTHWEST LTC, LTD.,AS BUYERS ON PROPERTY LOCATED ON 47TH SE STREET, PARIS, TEXAS IT IS TI-IL INTENT OF THE SELLERS IN THIS CONTRACT "T'1-hkT THERE SIGNATURES ATTACHED TO THIS ADDENDUM SHALL CONSTITUTE TI-IL- REQUIRED SIGNATURES FOR THE CONTRACT AND THE COMMERCIAL FINANCING ADDENDUM TO SAID CONTRACT. NO OTHER SIGNATURES OR INITIALS ARE REQUIRED ON THE CONTRACT FOR IT TO BE VALID ONCE THIS PAGE_ TS STGNED BY ALL SELLERS. TI-TE SELLERS ARE: JENNILEE RANDLE CINDY L. DLE MARY A. COLLINS, by and through her altomey in fact, K. Clark Collins, Jr. MINNIE LEE COSSTTT SIGNATURE ADDENDUM TO CONTRACT BETWEEN JENNILEE RANDLE, CINDY L. RANDLE, MARY A. COLLINS, AND MINNIE LE-E- COSSITI', AS SELLERS AND SOUTHWEST LTC, LTD.,AS BUYERS ON PROPERTY LOCATED ON 47TH SE STREET, PARIS, TEXAS IT IS THE INTENT OF THE SELLERS iN THIS CONTRACT THAT THERE SIGNATURES ATTACHED TO THIS ADDENDUM SHALL CONSTITUTE THE REQUIRED SIGNATURES FOR THE CONTRACT AND THE COMMERCIAL FINANCING ADDENDUM TO SAID CONTRACT. NO OTHER SIGNATURES OR INITIALS ARE REQUIRED ON THE CONTRACT FOR IT TO BE VALID ONCE THIS PAGE IS SIGNED BY ALL SELLERS. THE SELLERS ARE-: JENNILEE RANDLE CINDY L. RANDLE MARY A. COLLINS, by and through her attomey in facE, K. Clark Collins, Jr. MINNIE LEE COSSITT SIGNATURE ADDENDUM TO CONTRACT BETWEEN JENNILEE RANDLE, CINDY L. RANDLE, MARY A. COLLTNS, AND MINNIE LEE COSSITT, AS SELLERS AND SOUTHWEST LTC, LTD-AS BUYERS ON PROPERTY LOCATED ON 47TH SE STREET, PARTS, TEXAS IT IS THE INTENT OF THE SELLERS IN TI JS CONTRACT THAT THERE SIGNATURES ATTACHED TO THIS ADDENDUM SHALL CONSTITUTE- THE REQUIRED SIGNA'T'URES FOR TI-TE CONTRACT AND THE COMMERCIAL. FINANCING ADDENDUM TO SAID CONTRACT, NO OTI -IER SIGNATURES OR INITIALS ARE REQUIRED ON THE CONTRACT FOR IT TO BE VALID ONCE THIS PAGE 1S SIGNED BY ALL SELLERS. THE SELLERS ARE-- CINDY L. RANDLE MARY A. COLLINS, by and through her attorney in fact, IC. Clark Collins, Jr. MTNNTE LEE COSSITT OWNER'S PERMISSION FOR ZONING CHANGE Date: October 6, 2009 To: City of Paris Community Development Department P.O. Box 9037 Paris, Texas 75461 Re: Permission to request a zoning change To Whom It May Concern: As the owner of the property described by the enclosed site drawing which includes 7.58 acres, I, Jennilee Randle, hereby give permission for any representative of Southwest LTC, Ltd., or Southwest LTC Management Services, LLC, of 1518 Legacy Drive, Suite 110, Frisco, TX 75034 to request a zoning change. The property is currently zoned Agricultural and it is desired to change it to Single Family -2 (SF -2 specific use 20) which will allow the construction of a nursing home. MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Development Department SUBJECT: Zoning Change Requests DATE: October 21, 2009 The following zoning change request will be presented at the November 2, 2009, meeting of the Planning and Zoning Commission and the November 23, 2009, meeting of the City Council of the City of Paris for consideration: Southwest LTC, Ltd is requesting that the property located in the 100 Block of 47`h Street S.E., be rezoned from an Agricultural District (A) to a Single Family Dwelling District No. 2 (SF -2) with a Specific Use Permit (20) Hospital, Convalescent home, Residence Home for the aged. The Comprehensive Plan reconunends that this property be zoned Low Density Residential. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney