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R-12-10-11-K3 - 10/11/2012 i 1. I i RESOLUTION NO. R-12-10-11-K3 WHEREAS, on August 31, 2012, Jim Boles ("Buyer") entered into a TAR Commercial 4, Contract — Improved Property Between Armando and Sabina Aguilar ("Sellers") to purchase property described as 304 E. Bagdad, Round Rock, Williamson County, Texas, and f I WHEREAS, per Section 22E of the contract, Jim Boles wishes to grant and convey to the City of Round Rock("City"), all of his right,title,and interest in and to that certain contract,and WHEREAS, the City Council desires to accept assignment of said contract, by assuming, in writing, all of Buyer's obligations under the contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the City Council hereby accepts assignment of the Assignment of Commercial Contract— Improved Property Between Armando and Sabina Aguilar and Jim Boles by assuming all of Buyer's ! f obligations thereunder. That the Mayor is hereby authorized and directed to execute on behalf of the City the Assignment of Commercial Contract — Improved Property Between Armando and Sabina Aguilar and Jim Boles, a copy of said assignment being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was r open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, A Chapter 551, Texas Government Code, as amended. gNg F i 5 r, y s a 0:\wdox\SCC1nts\0112\1204\MUNICIPAL\00259775.DOC/rmc f k RESOLVED this 11th day of October, 2012. x ti ALA MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk E S m t a f. t 5 k Y. f! is f V 3 f k Z { s s f h 2 t z s. t EXHIBIT „A„ F ASSIGNMENT OF E t COMMERCIAL CONTRACT-IMPROVED PROPERTY BETWEEN Armando & Sabina Aguilar("SELLER") AND Jim Boles ("BUYER") fi f Re: Property Described as 304 E. Bagdad,Round Rock,Williamson County,Texas Date: September 25,2012 Jim Boles,by this instrument grants and conveys to City of Round Rock, all of his right,title, and interest in and to that certain contract executed by Seller and Buyer on August 31,2012,a copy of which is attached to this Assignment as"Exhibit A." This Assignment is made subject to the following terms: 1. Assignment of contract from Jim Boles(Buyer)to City of Round Rock(Buyer)according to } Section 22E of contract. 2. Earnest money check for$2500.00 from City of Round Rock made payable to Georgetown Title will accompany this Assignment. ' SIGNED AND DELIVERED this o73 day of r (Name of A signor) s ACCEPTANCE OF ASSIGNMENT F BUYER—City of Round Rock By: F. Dated: 5 TEXAS AsSOCIATION of RF.A1.Tortse COMMERCIAL CONTRACT- IMPROVED PROPERTY UU of YM8 MM By POWN8 WC ARE Not MUWM OF M MU MMM ON ov WLtO W s blot MlTitOWD, et.,w ar k►..tore 1. PAIMEE: Wer ogress to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3.The parties to this contract are: Seller; Address: Phone: Fax: E-mail: g Buyer: XIA A2122 Wd&r A921=6 Address: 2n cushalm Tra" RIM-and Rack, 711 SH't Phone: ,(5121244-2707 . Fax: IN1.21244-0919 . �...._...�... E-mail: 2. PROPERTY: A. "Property"means that real property situated In WillisY gm County,Texas at 3 (address) and that is legally described on the attached Exhibit or as follows: x, City of Round Rack, Bloe+k 12, Lot 4 (NIS 1) , 5-6 a 7 (3191) , (Lege than 20' of) , Williansan County, Texas. F3. Seiler will sell ai convey the Property together with: (1) all buildings,Ilinprovernvnts, and fixtures; (2) all rights, prtvlteges, and appurtenances pertaining to the Property, Including Seller's right, title, and =' Interest In any minerals, utilities, adjacent streets,allays, strips,gores.and rlghts�of-way; (3) Seller's interest In all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest In all licenses and permits related to the Property; (6) Seller's interest in all third party warrantkm or guaranties, 11 transferable, relating to the Property or any fixtures; (6) Seller's interest in any trade names, if transferable, used in connection with the Property; and 8 (7) all Settees tangible personal property located on the Property that is used In connection with the Property's operations except: Any personal property not included In the sale must be removed by Salter prior to closing, (Desodlbe any exception$ reservations, or restriotione in Paragraph f2 or an addendum.) (if mineral rights are to be rassrved an appropriate addendum should be attached) (if the Pmpeq Is a oondominium, attach condominium addendum.) 3. BALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at doing . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . s S. sum of all financing described in Paragraph 4 . . . . . . . . . . .. . . . . . . . . . . . . . . $ I C. Sales price(sum of 3A and 313) . . . . . . . . . . . . • . . . . . . . . . . . . . . . . .$. 200,029.00 (r'AR-1801)1.2910 Initialed for Idenflks ron by 8edsr and Beyae.4a,..,.,..., POW 1 or 13 W"I Comm d4I 20 Mboh Imit Romml Rack.TX M I n Phom-.Sr2a2 44707 iMacs PAW WILK bei E fftSW lM U"d wM nPPWff 6 bV NWs+pMc ism FMMW MND ROW.n=W.K"d 48M � s i 4 ry . s Commerdal Contrad-Improved property conceming . Q+�, ,.. g4] ,.,WMA ek6..,,JZ,.,..78664 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 38 as follows: d A. Third Party Fla nc kw; One or more third party loans in the total amount of$ This contract t O (1) is W contingent upon Buyer obtaining third party financing. CI (2) Is contingent upon Buyer obtaining third party financing In accordance with the attached Commercial Contract Financing Addendum. 13 S. 6Mmo2n In accordance with the attached Commercial Contract Financing Addendum, Buyer will assume the existing promissory note secured by the Property, which balance at closing will be i] C. teller Financlna: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum in the amount of$ F 6. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit$2.300,Qa as earnest money with .t: Tita.4 vi (escrow agen) at 1717 re. WAys, xouxu3 Rack Tx 78664 (address)caxo], $. (closer). If Buyer fails to timely deposit the lamest money. Seller may terminate this contract or mercies any of Sellers other remedies under Paragraph 15 by providing written notl a to Buyer before Buyer depoeits r the earnest money. B. Buyer will deposit an additional amount of$ with the escrow agent to be made part of the eamest money on or before: ❑13 (0) days after Buyer's right to terminate under Paragraph 7B expires;or Buyer will be in default if Buyer falls to deposit the additional amount required by this Paragraph 58 y within 3 days after Salter notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the escrow agent to deposit the earnest money In an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. a 6. TITLE POLICY,SURVEY,AND UCC SEARCH: A. MtW Pollcv: (i) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title insurance (the title policy) issued by _. �i8 antanLTitle _ (title company), in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy,subject only to:. (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained In the promulgated form of title policy unless this contract provides otherwise. $' (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines,or any encroachments or protrusions. or any overlapping improvements: �! (a) vAll not be amended or deleted from the title policy. C3 (b) will be amended to read"shortages In areas"at the expense of Q Buyer Ct Seiler. s (3) Within.,..1,9 - days after the effective,date, Salter will furnish Buyer a commitment for title Insurance (the commitment)including legible copies of recorded documents evidencing We exceptions. Seiler authorizes the title company to deliver the commitment and related documents to Buyer at Buyers address. , (MR-1801)1-20-10 Initialed for kkntif ation by Seller and Buyer_�_1?, Pop 2 of 13 prt lCaAwAlb�t�IPor►ribbY�pf+11�x 1aWOftilNnlWaRoe6 PtB�ir.U4dMDWt4ttb1b 3"t.80268d t z m 4 4- i Y Gommerolai Contract.Improved property contrningt) : a ou -71§64 S. ,a Within 32 - days after the effective date: 13 (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (1) ALTA/ACSM Land Title Survey standards, or QQ Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ® (2) Seller, at Seller's expense,will furnish Buyer a survey of the Property dated after the effective deW The surrey must be made in accordance with the: ()ALTA/ACSM land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. D (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the We company for approval of the existing survey. If the existing survey Is not acceptable to the title comparvy, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the dile company and deliver the acceptable survey to Buyer and the title company within 20 days after Seiler receives notice that the existing survey Is not acceptable to the title company. The closing date will be extended daily up to 20 days If necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller (insert amount) of the cost of the now or updated survey E at closing, If closing occurs. C3 (1) Within...._.,days after the effective date, Seller, at Sailer'se expense,will furnish Buyer a Uniform Commercial Code (UCC)search prepared by a reporting service and dated after the effective date. The seared must identify documents that are on file with the Texas Secreta of State and the county where the Property is boated that relate to all pamonal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last is years. } ® (2) Buyer does not require Seller to furnish a UCC search. D. aMes DWactions to the CoMMItment. s.1 Da.and UCC Search (1) WJthln is days after Buyer receives the commitment, copies of the documents evidencing the - We exceptions, any required survey, and tiny required UCC search, Buyer may object to matters disclosed in the Items If: (a)the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described In Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at dosing; or(b) the items show (hast any part of the Property Gee in a special flood hazard area (an W or*%P zone as defined by FEMA). If Paragraph 6B(1) applies, Buyer is deemed to receive the } survey on the earlier of: (1)the date Buyer actually receives the survey; or(11)the deadline specified In Paragraph 69. (2) Seiler may, but is not obligated to, cure Buyer's timely objections within 15 days after Seiler receives the objections. The dosing date will be extended as necessary to provide such time to cure the objections. If Seiler fails to cure the objections by the time required, Buyer may terminate Ws contract by providing written notice to Seller within 5 days after the time by which Setter must cure the objections. if Buyer terminates. the lamest money, less any independent consideration under Paragraph 78(1),will be refunded to Buyer. (3) Buyer's failure to timely object or terminate !order this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A PMW9 QWSl 913 Buyer accepts the Property in its present condition except that Seller, at Sellers i expense,Wil.complete the following before closing:Ae__it, War& is i r CrAR-180111-20.10 Initialed for Idenacetion ty'soor6_t,168nd6Uy*r4z._ Pam 3 of 13 PMMOd WM WO M01 by*"k 18470 MRw Mile Roel,Pectic,IrNddM 00 XKZMMM 3W E B sOwl 3 Commercial CoMnd-impmwed Property concerning 7 B. Feasibfiity Period: Buyer may terminate this contract for any reason within daytar the ' effective date(feasibility period) by providing Seller written notice of termination.(Check only one box.) Y i M (1) if Buyer terminates under this Paragraph 78, the *am" money will be refunded to Buyer lase $ 102.00 —that Seller will retain as Independent oonsidesration for Bbyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified In Paragraph 5A to the escrow agent. The Independent consideration Is to be credited to the sales price only upon closing of the sale. j#.M dnliar.ainguntia.stgWdialbia P„a, graph.ZIU1,).or If IlLafer fAUz to UrnsIy ek ns e.egmest MogX. Buyer MMI not have the to tee urtdelr.funis Rearaearaoh 7B. C1 (2) Not later than 3 days after the effective date, Buyer must pay Seiler$ as independent consideration for Buyer's right to terminate by tendering such amount to Seiler or Seller's agent. If Buyer terminates under this Paragraph 78, the oameest money will be refunded to s Buyer and Seller will retain the Independent consideration. The independent cone3lderation will be credited to the sales rice only upon dosing of the gale. 1f,�tl2,S t mQ- Wj,1e,OW-1n.11111 P.AteaEgah -75(2) or rf Car fails.6% tfro'Mir ay the lndowndeni the right to bE ?ltlllitlirs nder thin.PaMg[ n�..h?n 0. Inspections,Studies.or Assessme ' (1) During the feasibliity period, Buyer, at Buyer's expense, may complete or cause to be completed any and aN inspe'ec dons, studies, or assessments of the Property (including all improvements and fixtures)destred by Buyer. (2) Sellar, at Sell ar's e3xpeertse, will turn on all utilities; necessary for Buyer to make inspections, studies. or assessments, (3) Buyer must:. (a) employ only trained and qualified Inspectors and assessors; (b) notify Sailer, in advance,of when the Inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller-, kd) not interfere with existing operations or occupants of the Property; and r' e) restore the Property to Its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer Is responsible for any claim, liability, encumbrance; cause of action, and expense resulting from f Buyses Inspections, studies, or assessments, Including any po"rty damage or personal Irqury. s Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim Involving a matter for which Buyer is responsible under this Paragraph. This paragraph survives te"ninstlon of thle csontract. D. Pm2aft Information: (1) DWhM of progfy Infonnation Within 10 days after the effective date, Seller will deliver to Buyer CJ a current teem ified roll of ail Issues affecting the Property certby Ballast as true and corret ; �Q) b) copies of all current leases pertaining to the Property, Including any modifications, supplements, s or amendments to the leases; ® (c) a current inventory of all personal property to be conveyed under this contract and copies of any lessees for such personal property; ' i z (MR-IM)1 10 Inidealed for Identilloation by and Buyer Za Pop 4 of 1$ PMMMM%M ZIFF&"*by MPL"w ,+aro FxjW r�Rose FtMa.irNahlteen Atn428 �� 304 6 l3 4W r E t E' �k R f. S i x Commerdai Contract-Improved Property cvnceming 344 8. to d Round Rock, TX 78664 ❑ (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seiler " will not pay in full on or before dosing; ® (a) copies of all current service, maintenance, and management agreements rotating to the ownership and operation of the Property; e 0 M copkm of current utility capacity lettere from the Property's water and sewer service provider; Ll (g) copies of all current warranties and guaranties rotating to all or part of the Property; La (h) copies of fire, hazard, #ability, and other insurance policies that currently relate to the Property; M (t) copies of all leasing or commission agreements that currently relate to all or part of the Property; 181 N a copy'of the"asrbulIC plans and specifications and plat of the Property; ® (k) copies of ail Invoices for utilities and repairs incurred by Seller for the Property in the 24 months Immediately preceding the effective date; 13 (1) a copy of seller"*Income and expense statement for the Property from k to1 ® (m)ooples of all previous environmental assessments, geotechnical reports, studies, or analyses t made on or relating to the Property; ❑ (n) real til personal property tax statements for the Property for the previous 2 calendar years-,and D (o) s (2) Ratum of Property InfIIrMation; If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (a) return to Seiler all those items described In Paragraph 71)(1) that Seller delivered to Buyer and all copies that Buyer made of those Items; and (b) deliver copies of all Inspection and assessment reports related to the Property that Buyer completed or caused to be completed.This Paragraph 7D(2)survives termination of this contract. y t E. Cantracts AffMng 02@raMoos: Until closing, Salter. (1)will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2)will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items descrUd In Paragraph 28 or sold under this contract.After the feasibility period ends, Seiler may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. S. LEASES: A Each written lease Seller is to assign to Buyer under this contract must be In full force and effect z according to its terms.Seiler may not enter into any new lease, fall to comply with any existing lease, or x make any amendment or modification to any existing lease without Buyer's written consent. Seller,must disclose. In writing, If any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing; (1) any fiailure by Seiler to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non-occupancy of the leased premises by a tenant; t (4) any advance sums paid by a tenant under any lose*; (6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (e) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(*) assumed or taken subject to under this contract. B. EatMI Qgdftatgs Within ._ days after the effective date,Seller will dellver to Buyer estoppel certificates signed not surlier than me ramnbar, $o. 2012_ by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1936—Commercial Tenant Estoppel Certificate and any additional Information requested by a third party lender providing financing under Paragraph 4 it the third party lender requests such additional information at least 10 days prior to the earliest date that Seiler may deliver than signed I estoppel certificates. CrAl7.ttlptl 1-26-10 tnitlaled fur�n bU Feuer . and 8t�yer , Pegs b of 13 ftwood WRh WWW*by 0O."c I*"ansa+some R"d,rV4 F RGWW { b ¢y; 1 1 ComnWeiel Contact-Improved Property oonosming 344 Ards$, 9211 Mk. TA 78644 9. BROKERG: A. The brokers to this sale are: �X.,NO Id Amity CS�ltlt otill l Oft � G00WaWV fuer 044993.6 UCOnap No. dim aolOaOe Y Ap 1 R4Und foj%.TX - 78figs]._.. 312 244-9707 (512)244-9319 e ox FOXA4-9"3 04 RIVA1192,OW too I. ; E-MMH Principal Broker: (Check only one box.) Cooperating Broker represents Buyer. ® represents Seffw only. p represents Buyer only. p Is an intermediary between Seiler and Buyer. B. Ems (Check only(9)or(2)below.) 13 (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties'signatures to this contract. Q (2) At the closing of this sale,Seiler will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: ® S,Qoc %of the sales price. ® 3.1100 %of the sales price. O p The cash fees will be paid inCounty,Texas, Seller authorizes escrow agent to pay the brokers from the Salter's proceeds at closing. NOTICE: Chapter 62, Texas Prgperty Code, authorlaes a broker to secure an eamed commission with a Ilan against the Property. C. The parties may not emend this Paragraph 9 without the written consent of the brokers affeoted by the amendment. 10.CLOSING: A. The date of the closing of the sale (closing date)will be on or before the later of: (1) O so days after the expiration of the feasibility period. >; (speoft date). a (2) 7 days after o ons made under Paragraph 60 have been cured or waived. (TAR-1801)7.28-10 rn"led for Ift0coon by Seller BUYer o,- Pop a of 13 PMAMW with 2WWA by rlptb* 18610 MOM 344 L S"dw ' 3 E d Com erdel Contraiot-unproved Property cortwming 324 a Moad4 EgMA.Wgk j.& 78664 ! a f B. If ehher party falls to dose by the closing date, the non-defaulting party may exercise the remedies in Paragraph 1$. E C. At closing,Seller will execute and deliver to Buyer, at Seller's expense, a 13 general 0 special warranty deed The dared must Include a vendor's lien If any part of the sales price Is financed, The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted t under Paragraph a or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security Interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; a (2) without any assumed loans in default; and (3) with no persons in poeseesion of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense,will also deliver to Buyer: t (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all limns, to any personal =' property defined as part of the Property In Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; f (4) to the extent that the following Items are asslgnable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management,and other contracts; and (c) warranties and guaranties; e (b) a rent roll current on the day of the closing certified by Seller as true and correct; (B) evidence that the person executing this contract Is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the esc rm agent stating that Seller Is not a foreign person or, if Seller is a foreign person, a written authorb*lon for the escrow agent to:(n withhold from Seller's proceeds an ; amount sufficient to comply applicable tax low. and (U) deliver the amount to the Internal Revenue Service together with appropriate tax forms;and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract. the commItmerrt, or law necessary for the closing of the sale and the Issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyer will: 1) pay the sales ( price in good funds acceptable to the escrow agent; (2) deliver evidence that the person executing this contract Is legally capable and authorized to bind Buyer; i (3) sign and send to each tenant In the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and i (b) specifies the exact dollar amount of the security deposit; r4) sign an assumption of all leases then in effect; and ) execute and deliver any notices, statements, cerci bates, or other documents required by the contract or law necessary to dose the sale. F. Unless the parties agree otherwise, the dosing documents will be as found in the basic forms In the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. r 11.POSSESSION: Seller will deliver possession of the Property to Buyer upon dosing and funding of this sale in its present condition with any repairs Seiler is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before dosing or by Seiler after dosing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. (TAR-1801)1.2010 InMeled for Ide"GoWlon by Sella , aand Buyer ,, Peg*7 of 13 14otlYOKI with Zipl`am0 Qr 1d0Lolibc 10070"I m1 MIM RaaU,hflNr,MIdMon 48W INDL911AULM 304 F 8f dW f' 4 s e. Commardal CoMed-Improved Property concerning X304 S. Bagdad., ti�tJiii3� :I . ZJ78§44 U.SPECIAL PROVISIONS:(if special provisions are contained In an Addendum, identity the Addendum hers and-reference the Addendum in Paragraph 22D.) f A) Buyer its a licensed real estate agent. r • k q i 3 13.SALES EXPENSES: A. 8q is EnM:Seller will pay for the folkWng at or before closing: (1) relesses of existing liens, other then those liens Assumed by Buyer, including prepayment penalties and recording fees: �2) release of Wors ban liability, If applicable; 3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee; (8) costs to record arty' documents to cure title objections that Seller must cure; and (T) other expenses that Seller WU pay under other provisions of this contract. 8, Duna EXRlL:Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording tees for the deed surd any dead of trust: (4) premiums for flood and hazard Insurance as may be required by euysee lender; (5) one-helf of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. I 14.PRORATIONS: A. eroaWons r (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be pronated through the closing date. (2) If the amount of ad valorem texea for the year in which the sale olosee is not available on the dosing date, taxes will be prorated on the basis of taxes assessed in the previous year, if the taxes for the year In which the sale closes vary from the amount prorated at dosing, the parties will adjust the prorations when the tax statements for the year in which the sale hoses become available. This Paragraph 14A(2) survives dosing. (3) If Buyer assumes a loan or Is taking the Property subject to an existing lien, Seiler will transfer all reserve deposits hold by the isnder.for the payment of taxes, insurance premiums, and other 1L.- (TAR-1801)1-2840 issued for ldentilication by Suer and Guyer?. Page a of 13 Produced v^ZipFwn4 by ISOM FAw Wo Road.I%w.MM wn wase awuW•o •r,•,• sou 1i OmAW j Commeudael Coniretct-improved Pmp"concesr*q « 304 R, Enafti• agog Rack._ TX 78864 charges to Buyer at dosing and Buyer will reimburse such amounts to Seiler by an appropriate adjustment at closing. B. BQ11bach ?.mli:: if Sailor changes the use of the Property before dosing or if a denial of a *pedal valuation on the Property chimed by Seiler results in the assessment of additional taxes, penalties, or interest(assessments)for periods before dosing, the assessments will be the obligation of Seiler. if this sale or Buyer's use of the Property after dosing results in additional assessments for period* bbfom closing,the assessments will be the obligation of Buyer. This Paragraph 148 survives closing. C. Rent and saourlty Danoalts:At dosing, Seller will tender to Buyer all security deposits and the following g advance payments received by Seiler for periods after dosing: prepaid expenses, advance rental payments, and other advanoe payments paid by tenants. Plants prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent Is received.This Paragraph 14C survives closing. 16.DEFAULT: F A. If Buyer fails to comply with this contract, Buyer Is in default and Seiler may: (1) terminate this contract and receive the taamest money, as liquidated damages and as Seller's sole remedy; or (2) seek any other rettef provided by law. Seiler (3 may Z may not enforce specific performance. B. If,without fault, Seiler is unable within the time allowed to deliver the estoppel certificates, survey or the commftment, Buyer may: (1) terminate this contract and receive the earnest money, lose any Independent consideration under Paragraph 78(1), as liquidated damages and as Buyer's sole remedy;or (2) extend the time for performance up to 15 days and the dosing will be extended as necessary. C. Except as provided in Paragraph 168, If Seller fails to comply with this contract, Seiler is In default and ewer may: (1) tarmloate this contract and receive the earnest money, less any Independent consideration under Paragraph 78(1), as liquidated damages*and as Buyer's sole remedy;or f: (2)'onforoe specific performance, or seek such other relief as may be provided by law, or both. 16.CASUALTY LOSS AND CONDEMNATiON: A If any part of the Property Is damaged or destroyed by fire or other casualty after the effective date, E Seiler must restore the Property to Its previous condition as soon as reasonably possible and not tater than the closing date. If,without fault, Seiler is unable to do so, Buyer may: (1) terminate this contract and the earnest money,less any Independent consideration under Paragraph p 78(1),will be refunded to Buyer, (2) extend the time for performance up to 15 days and closing will be extended as necessary;or (3) accept at closing: (i) the Property in Its damaged condition; (ii) an assignmennt of any insurance proceeds Seller is entitled to receive along with thea Insurer's consent to the assignment: and (111) a L` credit to ttte sales price in the amount of any unpaid deductible under the policy for the loss, e, 0 before closing, condemnation proceedings are commenced spinet any part of the Property. Buyer may: l (1) terminate this contract by providing written notices to Satter within 15 days after Buyer is advised of V* condemnation proceedings and the earnest money, less any Independent consideration under Paragraph 70(1),will be refunded to Buyer,or (2) appear and defend the oondemnatlon proceedings and any award wUl, at dyers elWlon, belong to: (a) Seller and the sales price will be reduced by the same amount: or (b) Buyer and the sales price will not be reduced. 17.ATTORNEY'S FEES: 9 Buyer, Semler, any broker, or any ese m agent is a prevailing party In any legal r proceeding brought under or with relation to this contract or this transaction,such party Is entitled to rower from the non-prevailing parties all costs of such pmoseding and reasonable attorney's fees.This Paragraph 17 survives termination of this contract. i (TAR 1801)1-M10 Iniftled for IdentlNceHon by SeTh ertd Suyer 2, Page 9 of 13 PraOA0 VM Z1PFWM9 by 0PLQ►x m"RAW rO Rout, ,rsa►sru++eo2e xasaar.�i.�oc,oan 301 V RWW t i f Commerdel Contaid-Improved Property oormemkV 304 18.ESCROW: A. At dosing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from alt parties. B. if one party makes written demand for the earnest money, escrow agent will give notice of the demand by.providing to the other party a copy of the demand. if escrow agent does not receive written objection to the demand from the other party within 15 days after the data escrow agent sent the demand to the s other party, escrow agent may disburse the earnest money to the party making demand,reduced by the amount of unpaid expenses Incurred on behalf of the party receiving the earnest money and escrow agent may pay the some to the creditors. C. Escrow agent will deduct any independent oonalderation under Paragraph 78(1) before disbursing any earnest money to'Buyer and will pay the Independent consideration to Seller. D. if escrow agent complies with this Paragraph 18, each party hereby releases escrow agent from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to escrow agent are effective upon receipt by escrow agent. F. Any party who wrongfully folie or refuses to sign a release acceptable to escrow agent within 7 days after reoeipt of the request will be liable to the other party for liquidated damages In an amount equal to the sum of: (1) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonable =' attorney's fees; and(iv) all coots of suit. 0. C3 Seller p Buyer intend(*)to complete this transaction as a part of an exchange of like4dnd properties In aocordenoo with Section 1031 of the internal Revenue Code, as amended. All expenses In connection with the contemplated exchange will be paid by the exchanging party. The otter parry will not Inour any expense or liability with respect to the exchange. The parties agree to cooperate fuily and In good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the internal Revenue Code. The other provisions of this contract will not be affected In the event the contemplated exchange falls to occur. 19, MATERIAL FACTS: To the best of Seller's knowledge and belief;(Check only one box.) E ® A. Seiler is not aware of any material defects to the Property exoept as stated in the attached Property Condition Statement. Ct B. Except as otherwise provided in this contract, Seller is not aware of: (1) Any subsurface: structures, pits,waste,springs,or improvements; •' (2) any pending or threatened 8tigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materiels or toxic waste, a dump alte or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea-formaldehyde foam Insulation, lead-based f paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (a) any wetlands, as defined by federal or state law or regulation, on the Property; (7 any threatened or endangered species or their habitat on the Property;(s� any present or past infestation of wood-destroying Insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally aetet the ordinary use of the Property; (10)any material physical defects in the improvements on the Property; or (11)any condition on the Property that violates any law or ordinance. (Desodbe any exceptions to(1)-(11)In Parrrgrap 1 or n addendum.) (TAR-1801)1.25.10 initiated for Identiiiostlon by SOW and Buyer Rage 10 of 13 PIddYOYdKHgt Zprorm®py xrp 0yut 10070►llhiNt Md�11ay0,orae.MlanyW►�eoZs �ppppy,�{, 304 k"qdo Commerdal Contract-Improved Property concerning 304 g. $ g &d -g=d Mak Is 75664 k 24.NOTiCLB: All notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or fecelmile numbers stated In Paragraph 1. The parties will send copies of any notices I to the broker representing the party to whom the notices are sent. 0 A. Seller also consents to receive any notices by e-mail at Seller's"all address stated in Paragraph 1. ® B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated In Paragraph 1. 21.DISPUTE RESOLUTION: The parties agree to negotiate in good faith In an effort to resolve any dispute related to this contract that may arise. If the disputa cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent Jurisdiction, 22.AGREEMENT OF THE PARTIES: A. This contract Is binding on the parties, their hairs, exeoutors, representatives, successors, and permitted assigns, This contract Is to be construed In aceordanoe with the taws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby, y B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed In a number of identical oounterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. ` D. Addenda which are part of this contract aro:(Check all that apply.) 0 (1) Property Description Exhibit identified in Paragraph 2; D (2) Commercial Contract Condominium Addendum(TAR-1530); 0 (3) Commercial Contract Financing Addendum(TAR-1831); M (4) Commercial Property Condition Statement(TAR-1408); C3 (5) Commercial Contract Addendum for Special Provisions (TAR-1940); 0 (6) Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead49ase d Paint Hazards(TARA QW); C3 (7) Notice to Purchaser of Real Property in a Water District (MUD); © (9) Addendum for Coastal Area Property(TAR-1915); 0 (9) Addendum for Property Loosted'8eaward of the Gulf Intracoastal Waterway (TAR-loie); iM (10)information About Brokerage Services; and iJ (11) f { (AM.,Corneae for the Toss Aswdedon ofREAMRSe(TAM hs9 craw lnoo Chet say of Me kmoklg addenda which we promuo*d by the rem Roel fiWeat tom weabn(TRffq or publohed by TAR ere sppmp►ieso tw use wvth this ibmr.) +> E. Buyer ®may ©may.not assign this oontraot. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, ail of Buyer's t obligations under this contract. 23.TIME: 'Time is of the essence in this contract. The parties require strict compliance with the times for performance. if the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday. the time for performance Is extended until the end of the next day which is not a Saturday, c Sunday, or legal holiday. r 24.EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations Is the data the asomw agent receipts this oontraot after all parties execute this contract. (TAR-1801)1.28.10 Initialed for IdentillmOon by SellerW2iYandBuyera.,. 11 of 13 Produced YM ZIPFwn*by idpr opbc 19070 FMlwn Ob Rows.Fahr.AN"M 480x'6 XMjW.9Qk&= M4 R nog&d # 'c Commercial Corttrad• Improved Property concerning 3Q4 V, R agdad. $Qund Rank. ?9664 t j 25.ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated In a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded Indebtedness, or standby fees of the p district before final execution of this contract. C. Notice Required by §13257, Water Code: `The real property, described below, that you are about to purchase may be located In a certificated water or sewer service area, which is authorized by law to provide water or,sewer service to the properties in the certificated area. if your property is located in a certificated urea there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine If the s? property is in a certlttoated area and contact the utility service provider to determine the coat that you will required to pay and the period, if any, that Is required to provide water or sewer service to your pro . The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before r thexecution of a binding contract for the purchase of the real property described In the notice or at closi of purchase of the real property.'The real property is described in Paragraph 2 of this contract. Y D. if the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be Included as part of this contract. E. If the Property Is located seaward of the Gulf Intracoastal Waterway,§61.025,Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be Included as part of this contract, F. If the Property Is located outside the limits of a municipality, the Property may now or later be included In the extra-territorial jurisdiction (ETJ) of a municipality and may now of later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine If the Property Is located within a municipality's ETJ, Buyer should contact all municipalities p located In the general proximity of the Property for further information. G, If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. H. Section 1968,184, Occupations Code requires Seller to provide Buyer a copy of any mold rernedlation certificate Issued for the Property during the 5 years preceding the date the Seller sells the Property. 1. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. I Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to detennine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. 26.CONTRACT AS OFFER: The execution 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 t located, on AuoveZ,31: 2012 the offer will lapse and become null and void. I y( AR-ISo1) -2s-io �nqBuyert , , Pape 12 of 13 t Pmwwd wan ztrorrre in AiLww nm wwann MIG Ras,FMW.AA'iMb VW 4M8 y .c oom Sat E Q"4W k S I: Commsreie)Contrect-improved Property 0woerninp ••_laund paeak._TX _ 29 A 26.ADDiTIONAL NOTICES: It A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. if the Property is situated In a utility or other statutorily created district providing water, sewer,drainage, fi or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded Indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: `The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which Is authorized by law to provide water or sewer service to the properties in the certificated area. If your property Is located In a certificated*roe there may be special costs or charges that you will be required to pay before you can receive water or sower service. There may be a period required to construct Imes or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the l property is In a certificated area and contact the utility service provider to determine the cost that you will bastrequired to pay and the period, if any, that is required to provide avatar or saw servioar to your property. The undersigned purchaser hereby ackrwtMedges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described In the notice or at dosing of purchase of the real property."The real property Is described In Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally Influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be Included as part of this contract. r E. if the Property Is located seaward of the gulf Intr000adal Waterway,§61.026, Texas Natural Resources Code, requires a notice regarding the seaward knotion of the Property to be inducled as part of this contract F. If the Property Is located outside the limits of a municipality, the Property may now or later be included In the extra-territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the munldpolity. Each municipality maintains ali map that depicts Its boundaries and ETJ. To determine if the Property Is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further Informasation. G. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. H. Section 1968.154, Oocupetions Code requires Seller to provide Buyer a copy of any mold rernWiatian uoertifleate issued for the Property during the 6 years preceding the date the Seiler sells the Property. E I. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or Inspections to determine compliance with zoning, govemmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicarble laws to determine their affect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. p 26.CONTRACT AS OFFER: The execution of this contract by the first party cone tutes an offer to buy or MA the Property.Unless the other party accepts the offer by 6;00 pm., In the time zone In which the Property is located, on Anauap t 3i 20= the offer will lapse and become null and void, s f y (TAR-1801)1-20-10 rartlsiaci for identltl On by _;And Sum Jr b Pope 12 W 13 ftoxed Vft ro m e bye=AM ism fawn M6w tRO&A Frear.vojow mat * cad a 6oprMd E r v Commerdel Contract-Improved Property oonoemkV 8a4 S. Bagdad n 919664 READ THIS CONTRACT CAREFULLY. Th6 brokers and agents make no representation or recommendation as to the legal sufficiency, Wool effect, or tax consequences of this document or transaction.CONSULT your attorney BEFORE signing. Seller. Buyer. ST JAM wl" By(slgur+e ...... By(N ) Printed Nerve: Pdrbd Name: 'rift. TIlG9: t ByBy: By(GIWMD e): PMted Name• Printed Name: ride: Ili. C: AGREEMENT BETWEEN BROKERS (use orrly It Paragraph 919(1)/a effec&v) Principal Broker agrees to pay (Cooperating Broker)a fee when the Principal Broker's fee is received. The fee to be paid to Cooperstinq Broker will be: © $ or , O %of the styes price,or (3 %of the Principal Broker's fee. Escrow agent Is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing.This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. pmFigmopera rKi er ar By: meet attorney: Buyer's attorney: s Addres4: Address: Y t Phone&For, .,_. Phone&Fax E-mail: Seller's attorney requests copies of documents, Buyer's attomey requests copies of documents, nodose, and other Information: notices, end other Information: Q the title company sends to Buyer. 13 the title company sends to Seller. C3 8e11er sends to Buyer. © Buyer sends to Seller. ESCROW RECEIPT Escrow agent acknowledges recelpt F V'A the contract on this day ,., (effectivelt® t8'b• ea�m mo i nt of in the form of ._.1,[�-- on } Escrow Ag Address: 3 By. Phone&Fax: Assigned le n;n r(GF#): E-mall: G Ccwrt-ioo�)t so wq.�a at is fhoducwr wHh ZlpFamd by 1!070 nV0 bMVV rt W MWW MUV0 s00M AWA%a0L= 304 L DOW l x 40P TExAs AssociAmox of REALTORS® COMMERCIAL PROPERTY CONDITION STATEMENT ueEavrwlsPo>srev agReoNew►+o�neaarMnea�rex�s�seoaanat ovp�r.Toae�star �.MraMMon or rauLL?onew Ina mto CONCERNING THE PROPERTY AT:304 S. ligg"d• Round Rock. TE 78§64 z THIS IS A DISCLOSURE OF THE UNDERSIGNED'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED. IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES A BUYER OR TENANT MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KiND BY SELLER, SELLER'S AGENTS, LANDLORD, LANDLORD'S AGENTS OR ANY OTHER AGENT. Paan i-Omphito 11 PraRM Is ImpCgY. d gr U111wignaM Notf Are you(Seller or L.andkxd)aware of: Aware w (1) any of the follovAng environmental conditions on or affecting the Property. k (a) radon gas? . . . . .. . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . .. . ❑ E1 4 (b) asbeetos components: (1) friable components? . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ id (10 non-friable components? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . ❑ Z" (c) ureeYlbrmaldehyde Insulation? . . . . . . . .. . . . . . .. ... . . . . . . .. . . . . . . .. . . . . . . . .. . ❑ �( (d) endangered species of their habitat? . . ... . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . .. . ❑ (e) wellands? . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ (� (ft underground storage tanks? . . . . . . . . . .. . . . . .. . . . . .. . . .. . .. . . . . . . , . . . .. , ❑ (� (g) leaks in any storage tanks(underground or above-ground)? . . . . .. . . . . . . . . . . . . . . . . ❑ 931-' (h) lead-based paint? . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ 0� (1) hazardous materials or toxtc waft? . . . . . . .. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . .. . ❑ Q) open or closed landfills on or under the surface of the Property?. . . . . . . . . . . . . . . . . . . ❑ (k) external conditions materially and adversely affecting the Property such as t nearby landfills,srrrelting planta,burners,storage facilities of toxic or hazardous materials, refiners, Utility Uff anlsslon Ma.mills,feed lots,and the like? . . . . .. . . . . . ❑ m ( any activity relating to dr1IWq or excavation sites for oil,gas,or other minerals?. . ., . . . ❑ (21*1' (2) previous environmental contamination that was on or that materially and adver,a* affected the Property,including but not limited to previous enviranrrrardal conditions listed In Paragraph I(a)-(I)? . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . . .. . . . . . . . . . . . . ❑ (3) any part of the Property lying In a apectal flood hazard area(A or V Zone)? . . . . . . . . . . .. . . C3 (� (4) any improper drainage onto or away from the Property? . . . . . . . . . . .. . . . .. . . . . . . . , ❑ (6) any fault lure or near the Property that materially and adversely affects the Property? . . . . . . ❑ P (8) outstanding mineral rights,exceptions,or reservations of the Prop"held by others? . . . . . ❑ t0 (7) air space restrictions or easements on or affecting the Property? . . . . . . . . . . . . . . . . . . . .. . ❑ (8) unrecorded or unplatted agreements for easements,utilities, or access on or tothe Property? . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ❑ (TAR-1408)1-28.10 InM*1Sd by Better or and Boyar or Tenant Paas 1 of 4 &wmut Comlmen W 26(' holm 1rdi Rotmd Roo TX 78681 Phone:(512)244.970'1 FIX R=BQw 304BB%&d f�aduord wMh 11pMorMr by aq+l,epK �eoso rMe�n�.naw,Pn.«,wwr„w..aaa� CommordeA Prop"Corifton Statement conoarrdng 304 2. RRMkd. Roared M2Qk TX 72664 . Not 9101m Awala (9) special districts in which the Property Iles(for example,historical districts,development districts,extraterritorial judedlotions,or others)? . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . ❑ a' (10)pending change*in zoning, restrictions,or in physical use of the Property? . .. . . . . . . . . . . . ❑ EY'- (11) '(11)your receipt of any notice concerning any likely condemnation, planned streams, highways, railroads,or developments that would materially and adversely affect the Property(including access or vialbliky)? . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . .. . . . . . Cj (12)Woults affecting title to or use or enjoyment of the Property?. . . . . . . . . . .. . . . . . . .. . . . . . Ci C'- (19)your recelpt of any written notices of violations of zoning,dead restrictions,or government regulations from EPA,OSHA,TCEQ,or other government agencles?. . . . . . . . . ❑ (14)common areas or Witles affiliated with the Property co-awned with others? . . . . . . . .. . . . . 13 (15)an owners'or tenants'association or maintenance fee or assessment affecting thePrV ware,name of association:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 13 � If a Name of manager: Amount of fee or assessment$ per Are fees current through the date of this notice? D yea ❑ no ❑unknown (18)subsurface structures.hydraulic I fts, or pits on the Property? . . . . . . . . . . . . . . . . . . .. . . . . . C� (17)Intenthent or weather springs that the Property? . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . (18)any material defect In any Irrigation system,fences, or signs on the Property? . . . . . .. . . .. . ❑ (19)conditions on or~Ing the Property that materially~the health or am*of (3an ordinary individual? . . . . .. . . . . .. . . . . . .. . .. . . . . ... . . . . . . . . . . .. . .. . . . . . .. . .. . . If you are aware of any of the conditions listed above,explain. (attach eddltlonar lnYhrnm(bn ff needed.) PART Z-Complete onry N Prone f Is 1mg1roved A. Are you(Bailer or landlord)aware of any material defects in any of the Ulowing on the Property? Not Not (1) structtumftma Aware. AleiliM Awa4 (a) foundation systems(slabs,columns,trusses,bracing, crawl spaces, �./" piers,beams,footings,retaining walls,basement,grading)?. . . . . .. . . . . . . . , . C3 �WCT/- ❑ (b) Werlor walla? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . 0 GT ❑ (c) fireplaces and chimneys? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C] Ga-'- ❑ (d) roof,roof structure,or attic(covering,flashing,skylights, Insulation, roof _../' penetrations,ventilation,gutters and downspouts,decking)? . . . . . . . . . . . . . . C3 M , ❑ (e) windows,doors,plate glass, or can les . . . . . . . . . . . . . . . . . . . . . . . . . .. . ❑ t3 ❑ (TAR-1408)1 26.10 MOW by Wer or t arxAord: and Buyer or Tenant: , Page 2 of 4 Pm*x ed wNh Z4f0mb by zip AP 1WO FIMM MIS Road,FMW,MWI M►48088 VMm&,jbLaWx= 3"B Beaded • E k i c k Cammerdai Property Condition Statement c oncemkV 304 a zgg&a. Pound 1'ingk WX 78664 Not Not (2) Plumbing 3vst®ms: &Ure Aware AWL. (a) water heaters or water softeners? . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . 13 ' ❑ (b) supply or drain i(nes? . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . ❑ Ell ❑ (c) fauosts,fixtures, or oommodes?. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .❑ Cl' ❑ (d) private sewage systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ a' ❑ (e) pools or spas and equipments? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (f) sprinkler systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Iff'- ❑ (g) water coolers? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ IT- ❑ (h) Private water wells? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 0) Pumps or sump pumps? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ T��- (3) HVAC fystams: any cooling, heating,or ventilation systems? . . . . . . . . . . . . . . . . . C� O ❑ (4) SjggtdCW SyMOM service drops,wiring,connections, conductors,plugs, grounds,power,polarity,switches,light fixtures,or junction boxes?. . . . . . . . . . .. . ❑ a",- ❑ -(5) Other Systema or items: (a) security or fire detection systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ or' ❑ (b) porches or decks? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Iff13(c) gas lines? . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C3Ot/ ❑ (d) garage doors and door operators? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E3 Q (6) loading doom or docks? . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . ❑ ❑ I../ (f1 rolls or overhead cranes? . . . . . . . . . . . . . . . . . . . . .. . . . . ; . . . . . . . . . . . . . . . D ❑ (g) elevators or escalators? . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ LT (h) parking areas,drives, steps,walkways? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3 D (1) appliances or built-in kitchen equipment? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ [] If you we aware of material defects in any of the items iteted under Paragraph A, explain. (Aftech additfonW lnfWm don Rneeded.) F B. Are you(filer or Landlord)aware of: AYYBCJ! A ec8l� (1) any of the following water or drainage conditions materially and adversely aNecting the Property: (a) ground water? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . ❑ / ;' (b) water penetration?. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ L1 (c) previous flooding or water drainage?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ $/' (d) soil erosion or water ponding? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ C! (MR-1401-28.10 initialed by Sellar or i.arxllw end Buyer or Tenenk ._...._..._ Pape 3 of 4 T PM&Md VA WOM O by xW* 18070 MWI We Road,FMOA Mlol M 4M XM*da* Gm 304 B Bated • i f S. Commerotal Property Condition Statement oonoeming 304 8aadad. Round a2cdc. TX 79664 Not Aware !4l!lare (2) previous structural repair to the foundation systems on the Property? . . . . . . . . . . . . . . . . . . ❑ [ � (3) settling or salt movement materially and advweely affecting the Property? . . . . . . . . . . . . . . ❑ k (4) pest infestation from rodents,insects, or other organisms on the Property? . . . . . .. . . . . . . . ❑ (5) termite or wood rot damage on the Property needing repair? . . . . . . . . . . . . . . . . . . . . . . . . . ❑ (8) mold to the extent that it materially and adversely affects the Property?. . . . . . . . . . . . . . . . . ❑ 011- t (T) mold remedlation certificate issued for the Property In the previous 5 years?. . . . . . . . . . . . . ❑ B-11 If yes, attach aF copy of Me mold mmedletbn c®rtlfk eke. (8) previous termite treatment on the Property? . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .. . . . . . . ❑ 31"- (9) previous fires that materially affected the Property? . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ❑ 0*-' 3 (10)modifications made to the Property without necessary permits or not in compliance with bull ding codes In effect at the time? . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ (� (11)any part,system,or component in or on the Property not In compliance with the Americans with Disabilities Act or the Texas Architectural Barrier Statute? . . . . . . . . .. . ❑ Q'-," t If you are aware of any conditions described under Paragraph B, explain. (Aifach additional hbrmatlon, if needed.) The undersigned acknowledges receipt of the foregoing statement Wer or Uffidow: Buyer or Tenant: By: By: h7im BOLAS By(sign '► By(srpnature): t Printed Name: !!� Printed Name: TMW. Date: Tide: De' By: Sabina By. B si ate By(see): 'µ Pilnted Name: Prated Name: Date: Tide: DaW. 'Title: �> NOTICE TO BUYER OR TENANT; The broker representing Seller or Landlord,and the broker representing you advise you that this statement was completed by Seller or Landlord, as of the date signed. The s brokers have relied on this statement as true and correct and have no reason to believe It to be false or Inaccurate. YOU ARE ENCOURAGED TO HAVE AN INSPECTOR OF YOUR CHOICE INSPECT THE! PROPERTY. (TAR-1406)1.26-10 Pape 4 of 4 x PMUftd VM L OM0 by alp D& Mn MW MIS Road,FMW,MIo M 40M WMAMAdUM 304 8 bvg&d I Approved by the Texas Real Estate Commisolon for Voluntary Use 10-10-11 Tauri law requires all real estate Ibmaess to give the blowing Imbimetfon about brokerege services to prvspecM buyers, tenant,sellers and landlords. k Information About Brokers a Services Bstore woridng with a reel estate broker, you intermediary. The written consent must state who will should know that the duties of a broker pay the broker and,Inconspicruous bold or underiliwd depend on whom the broker represents. If print, set fbrth the broTe'"es obligations as an you area prospective seller or landlord Intermediary. The broker Is required to treat each (dwlnmer)or abuyer or tenant(buyer),you par#y honestly and fairly and to comply with The should know at the broker who Nste the property for TTexas Real Estate License AcG A broker who acts as sale or lease Is the owner's agent, A broker who acts an intermediary In a transaction: as a subagentrepresents the owner In cooperation with thebrok�A broker who acts as a buyer's (1) shalt treat aR parties honestly, t represents the buyer. A broker may act as an f IVY between the pasties If the parties consent (2) may not disclose that the owner will aacapt a In writing. A broker can assist you in booting a price less than the asking price unless authorized in z rr>y, prepaAr1g a contract or lease, or obtsining writing to do so.by the owner, ncing without representing you. A broker is (3) may not disclose that the buyer wiN pay a sr obligated by law to treat you honestly, price greater than the price submitted In a written otter IF THE BROKER REPRESENTS THE OWNER: unless authorized in wiling todo so by the buyer;and The broker becomes the owner's agent by entering (4) may not disclose any confidential information Into an agreement with the owner, usually through a or any information that aparty specifically instructs the written-Noting agreement, or by agreeing to act as a broker In writing not to disclose unless audxwb ed In subagent by accepting an other of subagency from the writing to disclose the Mtamnation or required to do so listing broker.A subagent may work in a dKerent real by the Texas Read Estate License Act or a court order i estate office. A Rating broker or-subagent can assist or If the Information materially relates to the condition the buyer but does not represent the buyer and of the property. MIM piece the interests of the owner first The buyer should net tell the owner's agent anything the buyer With the parties' consent, a broker acting as an would not want the owner to know because an intermediary between the parties may appM a owner's agent must disclose to the owner any material person who is licensed under The Texas Recti Estate Information known to the agent. License Act and associated with the broker to Instructions of one IF THE BROKER REPRESENTS THE BUYER: dalle with and carry o paartyrty and Canother Reiser who ut Is Noensed under that The broker becomes the buyer's agent by entering Act and associated with the broker to communicate i into an agreement to represent the buyer, usually with and carry out instructions of the other party. i through a when buyer representation agreement. A E buyer's agent can assist the owner but does not N you ahoose to have a broker represent you,you rept+esent he owner and must place the interests of should enter into a written aareerne t with the broker the buyer first. The owner should not tell a buyeee that clearly estabitshes the droker'a obligations and agent anything the owner would not want the buyer to EON tions.The agreement should state how and know because a ses agent must disclose to the e broker will be paid.You have the rtaght to r buyer any material I known to the agent. type of representation, I any, you wish to receive. Your payment of a fee to a broker does not {, IF THE BROKER ACTS AS AN INTERMEDIARY: nelxssarlly establish that the broker represeMe you. if A broker may act as an Intermediary between the you have any qusstlans regarding the duties and I paries if the broker complies with The Texas Real responsibRities of the broker,you should resolve those Estate License Act The broker must obtain the written questions before proceeding. consent of each party to the transaction to act as an Real estate Hoenses asks thin you soknowtedge receipt of this Information about brokerage services for 1he lioeneeds records. uJ;1 1 rd or Tenant K Tera PAW Basle Gmkm and 6a6epenans aro YoenaW and roWAW by ek Tom Reel Lehde Cm%WwJon CMM.It you hm a q xWm►oraom MIN ragwft a rel*Vose 9cwmm you should aonW TM at P.O.Ow 1218%AUSU Toes 7e711-2188,612.9883000(h8p lNvww.Msatnaa poV) (TAR-2601)1040-11 TREC Na OP-K Summit Commovk!20 Chtehobn TWI RotW Rack TX 7841 Phoria:(312PA4-9707 Floe Rues Boles 304 B Begdad f Ptr�dte>•d Netl1 Xlpl'olrWe by 18070 t`ereefl Mine Rued,FtMel',rNloluclen 98028 � e i' yyf g�g S Y f a s Imo. R ('y �t a may` �. 4'��>• i� 2<q-r%t f{�N� N` , •4 Y Y >,`•4.ht�{� �?' tS e.:: 3 �'lave n l > +•�'�'' yx 1" 1 ! RYY571,/,{� tA ow , �(• �r'T; �:1 � i . fir.�?8A?u. is dd�CC J�..j.�7.'�T�il• '°� �! h SK � 3 "5.°�.' '1.. :`4,R•.�(•i'wFY;, - S>...� e4 J�1�'f+Ya^h 1 f't` ;. • t k n ROUND ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. ii s. Agenda Item No. K3. Consider a resolution authorizing the Mayor to execute an acceptance of assignment of a Commercial Contract — Improved Property from Jim Boles for the purchase of property Agenda Caption: located at 304 E. Bagdad (Aguilar Tract). Meeting Date: October 11, 2012 S 4 4 z } t i 6 Q } Z 1 i L 4 o J z 3 � � z LLMJ O LLMJ � :D J X � O f ASSIGNMENT OF COMMERCIAL CONTRACT-IMPROVED PROPERTY 1 BETWEEN Armando & Sabina Aguilar("SELLER") $ AND Jim Boles (`BUYER") t F Re: Property Described as 304 E. Bagdad,Round Rock,Williamson County,Texas Date: September 25,2012 Jim Boles,by this instrument grants and conveys to City of Round Rock, all of his right,title, { and interest in and to that certain contract executed by Seller and Buyer on August 31, 2012,a copy of which is attached to this Assignment as"Exhibit A." This Assignment is made subject to the following terms: r i t 1. Assignment of contract from Jim Boles(Buyer)to j City of Round Rock(Buyer)according to Section 22E of contract. 2. Earnest money check for$2500.00 from City of Round Rock made payable to Georgetown Title will accompany this Assignment. SIGNED AND DELIVERED this o?,5 day of C&+e eAt , c2o 102.. (Name of A signor) 5 'f 0 ACCEPTANCE OF ASSIGNMENT E i i BUY +—Comity of ound Rock B y. Dated: F i i II 40P I TEXAS ASSOCIATION OF REALTORSO COMMERCIAL CONTRACT -IMPROVED PROPERTY UK OF"U FORM RV FERaONR VMAW WMRWJW w TNa TowABBOCN'RON OF RMTOM IA NOT AOYMOM0, y •TntuAnagdgowd 4TORM4%101 _ 4. IRTIAP ES: Seller agrees to sell and conveyto Buyer the Property described In Paragraph 2. Buyer agrees to buy the Property from Saber for the sales price stated In Paragraph 3.The parties to this contract are: Seller, L+vnsg& c G&W i Address:217 SZ-ftn PA91 Iran, ,}tuetn Tx 78634_ Phone: Fax: E-mail: Buyer: Jim ARIas and/or A881=8 $ s Address: ?per Saha a Z,r.s, . Remndj R=lc..,TX_. 7868".�, Phone: 13121244-9702 Fax: IM1212443jig E-mall: 'iW f.,.,,,,,a+-oo maxcLal cam 2. PROPERTY: K "Property"means that real property situated in Williswm County,"faxes at z •304 R. ,xaoa Rcyund Rock, Tg U694 (address) and that is legally described on the attached Exhibit or as tallows: City of Round Rook, Block 11, Lot 4 (1IP1.9') , 9-6 6 7 (219') , (Lena than 20, s of) , Williamson County, Texas. x `t a B. Seller will sett andconvey the Property together with: (1) all buildings.improvement9,and fixtures; E (2) all rights, privileges, and appurtenances pertaining to the Property, Including Saller's right, title, and Interest in any minerals, utilities, adjacent streets, allays, strips,gores,and rights-of-way-, (3) Seller's interest In all lesees, rents, and security deposits for ail or part of the Property; (4) Sellers Interest in all koros and permits related to the Property; (6) Seller's ingest in all third party warranties or gueranties, If transferable, relating to the Property or (6) Sellers Interest in any trade names, if transferable, used In connection with the Property; and (1) e0 Selfees tangible personal property located on the Property that Is used in connection with the Property's operations ezoapt: Any paraoral property not Included In the sale must be removed by Seiler prior to dosing. (describe any exceptiorK reservations, or restrictions in Paragraph 12 or an addendum.) (if mineral rights are to be reserved an appropriate addendum should be attached.) (if the Property is a condominium, attach condominium addendum) F 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,00a.02 € B. Sum of all financing described in Paragraph 4 . . . . . . . . . . . . . . . . . . . . . . . . . . $ t C. Sales price(sum of 3A and 313) . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,0Q0,00 (TAR•1801)1.26-10 Initialed for IdenOkoon by Seder ll,,�J_.._aZ and suyst a, P"s i a 13 ,%mwdtCm wdui 20 t1 sbWe Tmd R=W Reck.TX 7%81 d� 1 bm-.(512r244#M7 Fac Rol flog= 301 F. koft"d"M1 VPFWKO hV do lam Faaafl Mft flaa0,rMff.MWVAPa 44M WAWAMAOMM { a F i C i Cotnmwdei ConQad-Improved Properly cXmaemlrtg 304 a R,adad. Round Rock. ja �786ti4 i 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 38 as follows: p A Third Psayg One or more third party loans in the total amount of$ This contract. ❑ (1) is ad contingent upon Buyer obtaining third party financing. O (2) Is contingent upon Buyer obtaining third parry financing In socordanoe with the attached Commercial Contract Financing Addendum. 0 S. Anuman In accordance with the attached Commercial Contract Financing Addendum, Buyer will assume the existing promissory note secured by the Property, which belence at closing will be $ I I ❑ C. Seller Finandra; The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum in the amount of$ t5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit$2.500.00 as eamest mons with fisMaLgM Titla Pavid iii*(escrow age at 1717 tis. Mayr, A4+un4 nook, TX 786154 (address)coxol L.. (closer), i If Buyer folie to timely deposit the earnest money, Haller may terminate this contract or exercise any of Saiiees other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of$ with the escrow agent to be made dart of the earnest money on or before: (l C] (i) days after Buyer's right to terminate under Paragraph 78 expires;or Buyer will be in default 9 Buyer fails to deposit the additional amount required by this Paragraph 58 within 3 days after Seller notiftee Buyer that Buyer has not timely deposited the additional amount C. Buyer may instruct the escrow agent to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. I e. TT1Li! POLICY,SURVEY,AND UCC SEARCH: A. T'IUe Pgjmj (i) Seller, at Seller's expense, wNi furnish Buyer an Owner, Policy of Title insurance (the title policy) Issued by Qsoamtm.Title (title company), in the amount of this sales price, dated at or after closing, insuring Buyer against loss under the title policy,subject only to:• k �a) ttt ee title exceptions permitted by this contract or as may be approved by Buyer in welting; and b) the standard printed exceptions contained In the promulgated form of title policy unless this contract provides otherwise, I (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions.or any overlapping improvements: E IS! (a) will not be amended or deleted from the title policy. Cl (b) 00 be amended to road"shortages In areas"at the expense of 0 Buyer d Seller. a i (3) Within 10 _ days after the effective.data, Seiler will furnish Buyer a commitment for title insurance (the commitment)including legible copies of recorded documents evidencing title exoaptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. (TAR-1801)1-26-10 Initt ted for Ident"tion by Soler-.A W W Buyer, Pegg 2 of 13 9rft"6VAMr00M6W7kL8W 1MtJOPYleenldlMRoo4PtelM.lwdirponAlOGb X4 t-BOOM S I f ' k s Commercial Contract.Improved Property awoeming 304 B Sa d Acura Rook 'PX 78664 S. DzmWfthln r30 days after the effective date: 0 (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (1) ALTA/ACSM Land Title Survey standards, or Ql) Texas Society of Professional Surveyors' standards for a Category 1A survey f under the appropriate condition. i M (2) Seiler, at Seller's expense,will furnish Buyer a survey of the Property dated after the effeottve date, The survey must be made in accordance with the: ()ALTA/ACSM Lend Title Survey standards, or (ii) Taxes Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. 0 (3) Baiter will deliver to Buyer and the title company a true and correct copy of Sellers most recent I survey of the Property along with an affidavit required by the We company for approval of the 1 existing survey. If the existing survey Is not acceptable to the title company. Seller, at Sellers expense, wig obtain a new or updated survey acceptable to the We company and delver the acceptable survey to Buyer and the title company within 20 days after Seger receives notice that the existing survey Is not acceptable to the title company. The dosing date will be extended daily i up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller {insert amount) of the cost of the now or updated survey at dosing, If closing occurs. C. UCG Search ❑ (1) Within days after the effective data, Seller, at Seller's expense,will furnish Buyer a Uniform Commercial Code (UCC)search prepared by a reporting service and dated after the effedive date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the and show, as debtor, Seller and all other owners of the personal property in the last 5 years. ® (2) Buyer does not require Seger to furnish a UCC search. D. RUver's Obiections Jthe Commitment. SuDW. and LICC Search (1) Withln_— (L_days after Buyer receives the commitment, copies of the documents evidencing the a titiae exceptions, any required survey, and tiny required UCC search, Buyer may object to matters disclosed in the Items If: (a)the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described In Paragraph 2 other than d those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at dosing, or(b) the Items show that any part of the Property has in a special flood hazard area (an "A" or If zone as defined by FEMA). If Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the earlier of: (I)the date Buyer actually receives the survey; or(ii)the deadline specified x In Paragraph BB. p (2) Seller may, but In not obligated to, cure Buyer's timely objections within 15 days after Seiler receives the objections. The dosing date will be extended as necessary to provide such time to cure the objections. If Seller fails to dare the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 6 days after the time by which Seller must E cure the objections. If Buyer terminates, the earnest money, less any lndepsndent conatdaration under Paragraph TB(1),will be refunded to Buyer. j (3) Buyers failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY COMMON: A BMAW QWM0; Buyer accepts the Property In its present condition except that Seiler, at Sellers expense,will.complete the following before dosing;As_it, whose ,i n. (rAR480111.28.10 Inrtieled for Wenatics►tlan try S ,.11.6 WW suyw4z, page 3 of 13 ProduoW WM ZIPFOMO by 10070 fvown ream rtaar craw nrd rata 8 SMUMAMM Y9 E 04" r I Commarcist Contract-Improved Property concarrdnp l B. Eaes biNty Pedod: Buyer may terminate this contract for any reason within �i "jytAr the I effective date(feasibility period)by providing Seller written notice of termination.{Check only one box.) E S M (1) If Buyer terminates under this Paragraph 78, the earnest money will be refunded to Buyer lass $ 100.00 that Seger will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the Independent consideration to Sailor upon payment of the amount specified In Paragraph 5A to the escrow agent. The independent oonsideratlon Is to be credited to the sales price only upon closing of the sale. lf-IIit dak amountAJ9AWJa2k Paragraph„ 7B(1)or If Brier fails to timely danoatt a,eKaW ma=. luyw will not have the richt to eminate under this Paranraph 7fi 0 (2) Not later than 3 days after the effective date, Buyer must pay Seller$ as 4 independent CohskWdon for Buyer's right to terminate by tendering such amount to Seiler or Seller's agent. If Buyer terminates under this Paragraph 78, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The Independent consideration will be credited to the sales price only upon dosing of the sale. ,Itim A maw InAft � paraaranh 13(2) or I gWmr yyqtoijalypay the igdanenaant constderetion. f3uver will not have- the avethe dobt-to J& itltltlt,under jbtliPara.gmoh?g 4 t C. Insoact`Qn. 8 u ies. or AM== t I (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all Inspections, studies, or assessments of the Property (Including all improvements and fixtures)desired by Buyer. (2) Seiler, at Mer's expense, will tum on all utilities necessary for Buyer to make inspections, studies. or assessments. t (3) Buyer must:. (a) employ only trained and qualified inspectors and assessors; I (b) notify Seiler, in advance,of when the Inspectors or assessors will be on the Properly; (c) abide by any reasonable entry rules or requirements of Sailer; d) not interfere with exisling operations or occupants of the Property; and te) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arias from the negligence of Seger or Seller's agents, Buyer Is responsible for any claim, liability, encumbrance; cause of action, and expense resulting from Buyer's Inspections, studies, or assessments, including any property damage or personal Injury. Buyer will Indemnify. hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer Is responsible under this paragraph. This paragraph survives termination of this contract. 3 D. Pmwft Information; (1) Da6vary of prQ+n M Information: Within 10 days after the effective date, Seller wilt deliver to 0 (Buyer )a current rent roll of all bases affecting the Property certified by Seger as true and correct; ® t(b) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the teases; ® (c) a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property; E A �` (MR-10M)1-20-10 lydd$atl for Idendtbation by Sellw 1�1._ E6and Buyer,, Page 4 of 13 PmOb.e sun AW&n finer MM O* demo MOM MM nose.FMW Mahican ate MwUkL"= 304 6 BOW Commercial Contract-Improved Property concerning 304 E. Bagdad. Round Rook, TX 79664 ❑ (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before dosing; ® (a) copies of all current service, maintenance, and management agreements rotating to the ownership and operation of the Property; © (f) copies of current utility capacity letters from the Property's water and sewer service provider; ❑ (g) copies of all current warranties and guarentfee rotating to all or part of the Property; ❑ (h) copies of tire, hazard, liability and other insurance policies that currently relate to the Property; ® (1) copies of all leasing or commission agreements that currently relate to all or part of the Property; 181 (D a copy'of the"as-built"plans and specifications and plat of the Property; ® (k) copies of all Invoices for utilities and repairs Incurred by Seller for the Property In the 24 months Immediately preceding the effective date; ❑ (1) a copy of Seller's Income and expense statement for the Property from to ; ® (m)oopies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; D (n) real B personal property tax statement's for the Property for the previous 2 calendar years,and s ❑ (o) l (2) Return of ftpoBy (OPgrmgtion; If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (a) return to Seiler all those items described In Paragraph 7D(1) that Seller delivered to Buyer and all copies that Buyer made of those items; and (b) deliver copies of all Inspection and assessment reports foisted to the Property that Buyer completed or caused to be completed.This Paragraph 70(2)survives termination of this contract. E. Contracts Affecting Oporations: Until closing,Seller. (1)will operate the Property In the same manner as on the effective date under reasonably prudent business standards; and (2)will not transfer or dispose of any part of the Property, any Interest or right in the Property, or any of the personal property or other items doscrtbed In Paragraph 28 or sold under this contract.After the feasibility period ends. Seger may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's writtten approval. I S. MA$t& A. Each written lease Seller is to assign to Buyer under this contract must be In full force and effect according to Its terms. Seller may not enter Into any new lease,fall to comply with any existing lease, or k, make any amendment or modification to any existing lease without Buyer's written consent. Seller.must disclose, In writing, If any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before dosing; (1) any failure by Bober to comply with Seller's obligations under the losses; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non-occupancy of the loosed premises by a tenant; (4) any advance sums paid by a tenant under any lease; r (6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (e) any amounts payable under the leases that have been assigned or encumbered,except as security for loan(*) assumed or taken subject to under this contract. s B.F.8tg1?MLGortfixates:Within 110 days after the effective date,Seller wip deliver to Buyer estoppel certificates signed not earlier than Novambap 30, 2012 by each tenant that leases space j In the Property. The estoppel certificates must Include the certific tions contained in the current version of TAR Form 1938—Commeroial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the wariest date that Seiler may deliver the signed estoppol certificates. CCAR180111-29.10 InIMM for Wsrai(=dw by Seller and sayer gags a of 13 Prawo.a wW Vowme W W."* IOM Allen nue ROM,PMW, ^49M MMJWAOMM %04 F BagMar t if 4 Convwd i eonbed-Unproved Pmpwty oonoemkv „304 YA. HaadW, Rnund Rook, TX 79 664 9. BROKING: { t A. The brokers to this sale are: ldti I er Eloonseo. MMA� er 5449916 Enls fI k gosseie ,mak. RTC . 79�®1 B12 244-0707 (512)214-9S 0 � One d% 04 00yahoo,aaml elf= Y MIMI Principal Broker. (Cheok only one box.) Cooperating Broker represents Buyer. ® representa Seller only. p represents Buyer only. ❑ is an Intermediary between Seder and Buyer. B. Els!: (Check only(1)or(2)below.) ❑ (1) Seiler will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties'signatures to this contract. ® (2) At the closing of this sale,Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of- 0 3.000 %of the sages price. Q 3.goo %of the sales price. r The cash fees will be paid in wji'-{ "f%v County,texas. Seller authorizes escrow agent to pay the brokers from the Seller's proceeds at dosing. E NOTICE Chapter 62, Texas Property Code, authorizes a broker to seoure an earned commission with a Ilan against the Property. 4 t C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. . i E 10.CLOSING: A. The date of the dosing of the sale(closing date)will be on or before the later of: (1) 0 so days after the expiration of the feasibility period. (speoiflc date). s ❑ '3 (2) 7 days after O-ons made under Paragraph tap have been cured or waived. (TAR-1001)1-28-10 In"Ied for iden(McWon by 8dWr S M euyeroz, pop s Cf 13 E i Pra*mW v4h LpFame br ZWb* + ao4 B BstdQ 4 • ff 4 Cornmer dal Contract-Improved Prop"concernkv 304 E. 890i1ad, Round Rask.. TX 73664 t r B. If either party falls to dose by the dosing date, the non-defaulting party may exercise the remedies in Paragraph 15. C. At dosing, Seller will execute and deliver to Buyer, at Seller's expense, a ❑general W spacial warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted i under Paragraph a or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satistled out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or 4 trespassers except tenants under the written leases assigned to Buyer under this contract. b. At closing, Seller, at Setter's expense, will also deliver to Buyer: (1) tex statements showing no delinquent taxes on the Property, (2) a bill of sale with warrant[" to title conveying title, free and clear of all liens, to any personal t property defined as part of the Property In Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) Hoenses and permits; (b) maintenance, management,and other contracts; and (c) warranties and guaranties; (6) a rent roll current on the day of the dosing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the escrow agent stating that Seller is not a foreign parson or, If Seller is a foreign person, a writtdn authorization for the escrow agent to:(t)withhold from Seller's proceeds on amount sufficient to comply applicable tax law. and (U) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the dosing of the sale and the issuance of the title policy, all of which must be completed and executed by Seiler as necessary. E. At closing, Buyer will (1) pay the sales price in good funds acceptable to the escrow agent; t (2) deliver evidence that the person executing this contract Is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: ' (a acknowledges Buyer has received and Is responsible for the tenanf a security deposit;and (b; specifies the exact dollar amount of the security deposit; ((4) sign an assumption of all leases then in effect; and (6) exeouta and deliver any notices, ststemwnts, certificates, or other documents required by this contract or law necessary to dose the sale. F. Unless the parties agree otherwise, the dosing documents will be as found In the basic forms In the I current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11.POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale In its present condition with any nepairs Seller is obligated to complete under this contract, ordinary wear and tear excited. Any possession by Buyer before dosing or by Seller after dosing that is not authorked by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. (TAR-1801)J-25-10 inWeled for Ideng0oetlon by es►1nrj (l_,"and auyer,cb, Pop 7 0113 rYOtlW W Mph zoraIn100r*Lo& lem fMM00n 4RO30 IMIKSMANIUM 304 F 880dI , i t S k Commetdal CoMed-Improved Property corxseming 304 &1 Bagdad, ^ ' Rock. CK 79664 IL SPECIAL PROVISIONS:(tf special provisions are contained in an Addendum, identity the Addendum two and-reference the Addendum in Paragraph 22D.) k A) Buyer is a licans" real estate agent,. • f s q4 f I 5 Y ti I d t }�Ft 4 1 13.SALES EXPENSES: A. j3elbll: I F,attaBeller will pay for the following at or before closing: (1) relesess of existing liens, other than those Ilene assumed by Buyer, including prepayment penalties 1 'and recording fees: I �2) release of Seller's ban liability, g applicable; 3) tax statemente or certiticates; (4) preparation of the deed and any bill of sale; (a) on-off of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure;and (7) other expenses that Seiler will pay under other provisions of this contract. S. Auyaes j;,Xpffan:Buyer will pay for the fallowing at or before closing: (1) atl loan-expenses and tees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be required by Buyer's lender; (5) one-hall of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contra, 74.PRORATIONS: 1 A. Prorate+?ns (1) Interest on any assumed loan, taxes, rents, and any expense reirnb ursements from tenants WID be } prorated through the closing date. (2) if the amount of ad valorem taxed for the year in which the sob closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at dosing, the parties will adjust the proration when the to statemerft for the year In which the sale closes become available. This h Paragraph 14A(2)survives dosing. r (3) if Buyer assumes a loan or Is taking the Property subject to an existing lien, Saller will transfer all reserve deposits held by the iender-for the paymccentt�of texce, insurance premiums, and other (TAR-1801)1-2040 1ngl>yed for Identilicetlon by L, .kTand Buys -a. Pape 0 of 13 4 produced rMM �pipm0tNs�d ulliK 180ib FYewn NM Franr,iAkMem♦O02e 3041i k%*W { l i i . r Comrawdai Contract-improved property con0M*V 304 R. Sanded, Pm=d Rock, TX _78664 charges to Buyer at closing and Buyer wilt reimburse Such amounts to Seller by an appropriate adjustment at closing. B. Rollbagh Taxas: if Soler changes the use of the Property before dosing or if a denial of a special valuation on the Property claimed by Seller results In the assessment of additional taxes, penalties, or Interest(assessments)for periods before dosing, the sasesemerita will be the obligation of Seller. If this sale or Buyer's use of the Property atter dosing results in additional assessments for periods before e closing,the assessments will be the obligation of Buyer.This Paragraph 148 survives closing. C. 13snt.wid SawdW Denoslta:At dosing, Seller will tender to Buyer all security deposits and the following advance payments received by Seiler for periods after closing: prepaid expenses, advance rental payments, and other advance paymrnts paid by tenants. Rents prorated to one party but raceivod by the other party will be remitted by the recipient to the party to whom It was prorated within 5 days after the rent is received.This Paragraph 14C survives closing. 16.DEFAULT: k A. If Buyer falls to comply with this contract, Buyer is in default and Seller may: r (1) terminate this contract and receive the earnest money, as liquidated damages and as Seller's sole remedy; or (2) seek any other retief provided by law. Seller (3 may,0 may not enforce specific performance. � B. If,without faulk Seller is unable within the time allowed to deliver theI' estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 79(1), as liquidated damages and aro Buyer's sole remedy;or (2) extend the time for performance up to 15 days and the dosing wig be extended as necessary. , C. Exoept as provided in Paragraph t6B, If Seiler falls to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest monsy, loss any Independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sob remedy;or (2) enforce spec performance, or seek such other rellef as may be provided by law, or both. 16.CASUALTY LOSS AND CONDEMNATION: A. if any part of the Property Is damaged or destroyed by fire or other casualty after the effective date, seller must restore the Property to its previous condition as soon as reasonably possible and not later f than the closing date. If,without fault, Seger is unable to do so, Buyer may: (1) terminate this contract and the earnest money,less any independent consideration under Paragraph 78(1),will be refunded to Buyer, (2) extend the time for perkrmanoe up to 16 days and closing will be extended as necessary;or (3) accept at closing: (i) the Property in its damaged condition; (0) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment: and (111) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. 1 B. It before closing, condemnation proceedings are commenced against any part of the Property, Buyer (1)terminato this contract by providing written notice to Seller within 15 days after Buyer is advised of i the condemnation proceedings and the earnest money, less any independent consideration under ¢ Paragraph 78(1), will be refunded to Buyer, or (2) appear and defend the oondemnation proceedings and any award will, at dyer's oko, an, belong ; to: (a) Seller and the sales price will be reduced by the some amount; or(b) Buyer and the sales price will not be reduced. , 17.ATTORNLrf$ FEES: if Buyer, Boller, any broker, or any escrow agent is a prevailing party In any legal proceeding brought under or with relation to this contract or this transaction, such party le entitled to recover from the non-prevalling parties all tests of such proceeding and reasonable attorney's fees.This Paragraph 17 survives termination of this oon beet. 1 tTARr1801)1-28.14 loidated for IdenUNcstlon try 941 ,.SA4MdoUY9r4tS.. Page 9 of13 PWJWVMNIZ1PV=*4Y0PL*X IWOcit WANOftW 48M MAOBil LWXAM alt!F B00W a i f k • D {f F I _ f 1 CommerdelCantrad-ImprovedProperty wrtosming 306 E. Dead". ?4=d Mok- TS 78$6$ 18.ESCROW: r A. At dosing, the earnest money will be applied first to any cash down payment, then to Buyer's closing a costs, and any excess will be refunded to Buyer. If no closing occurs, escrow agent may require p payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. s S. If one party makes written demand for the earnest money, escrow agent will give notice of the demand by.providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 15 days after the data escrow agent sent the demand to the other party, escrow agent may disburse the earnest money to the parry making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. € C. Escrow agent will deduct any Independent consideration under Paragraph 78(1) before disbursing any earnest money to'Buyer and will pay the independent consideration to Sailer. O. If escrow agent complies with this Paragraph 18, each party hereby raises" escrow agent from all claims related to the disbursal of the earnest money. i B. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to escrow agent are effective upon receipt by escrow agent. r F. Any party who wrongfully fails or refuses to sign a release acceptable to escrow agent within 7 days after receipt of the request will be liable to the other party for liquidated damages In an amount equal to the sum of: (t) three times the amount of the earnest money; (N) the earnest money; (Iii) reasonable attorneys fees; and(iv) All costs of suit 0. p Seger o Buyer intend(*)to complete this transaction as a part of an exchanger of like*ind properties In accordance with Section 1031 of the internal Revenue Code, as amended. AN expenses In connection with the contemplated exchange will be paid by tho exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and In good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the internal Revenue Code. The other provisions of this contract I' will not be affected in the event the contemplated exchange falls to occur. 19, MATERIA.FACTS: To the best of Seller'*knowledge and belief:(Check only one box.) ® A. teller is not more of any material defects to the Property except as stated in the attached Property Condition Statement. G S. Except as otherwise provided in this contract, Seiler is not aware of: f (1) any subsurface: structures, pits,waste,springs,or improvements; I (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; d (5) whether radon, asbestos containing materials, urea-formaldehyde foam Insulation, lead-based paint, toxic mold (to the extent that It adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (0) any wetlands, as defined by federal or state low or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or pest Infestation of wood-destroying Insects In the Property's improvements; I (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10)any material physioai defects in ft improvements on the Property;or (11)any Cotditioon on the Property that vloiates any law or ordinance. (powdbe eny exoeptbna to(1)-(11)InPonwap 9 or n addendum.) t (TAR-1801)1.26.10 Initialed for IdergiNCation by SOW and swisra. R9d*10 of 13 PIWOOOq 1Ng1 ZpP0111101 dr 10070 PMINn(1A0If000.P(IMIK,OpdIp00�OO�D 3N c ended 1 i I e k C h I f. Commercial contract-improved Property concerning 30.4 E. Magded` RA104 Rag1r• Tx 79664 20.NOTICES: All notices between the parties under this contract must be in writing and are of fie when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated In Paragraph 1. The parties wid send copies of any notices t to the broker representing the party to whom the notices are sent. CJ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated In Paragraph 1. ® B. Buyer also consent*to receive any notices by e-mail at Buyers e-mail addrees stated in Paragraph 1. 21.DISPUTE RESOLUTION: The parties agree to negotiate In good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives terrrNnation of this contract. This paragraph does 1 not preclude a party from seeking equitable relief from a court of competent jurisdiction. 2L AGREEMENT OF THE PARTIES: A. This contract Is binding on the parties, their heirs, executors, representatives, successor*, and permitted assigns,This contract is to be construed In accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby, B. This contract contains the entre agreement of the parties and may not b®changed except in writing. � C. If this contract Is executed in a number of Identical oounterports, each counterpart is an original and all counterparts, collectively, c:onstltute ons agreement. D. Addenda which are part of this contract are: (Check all that apply.) ❑ (1) Property Description Exhibit identified in Paragraph 2; ❑ (2) Commercial Contract Condominium Addendum (TAR-1930); �. ❑ (3) Commercial Contract Financing Addendum (TAR-1931); ® (4) Commercial Property Condition SWomeM(TAR-1408); s O (5) Commercial Contract Addendum for Special Provisions(TAR-1940); s ❑ (8) Addendum for SolWo Disclosure of Information on I.Awd-Baaed PaW and Lead-Based Paint Hazards(TARA QW); ❑ (7) Notice to Purchaser of Real Property in a Water District (MUD); 0 (8) Agendum for Coastal Area Property(TAR-1815); ❑ (9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway(TAR-1A18); M (10)Information About Brokerage Services: and ❑ (11) (1Nxta:Counost ror the Taxes AssooAsSon orREAGTOR80(TAR)Iwo determinad that enY of the dotapolrlg sddrnft aBM7h snx prornnJPW by Me Texas Rem Eabeo Comm/emon(TREC)air pu~ed by TAR aro approprkrrs forum w1h this 1bnn.) 2 E. Buyer ®may O may not assign this contract. If Buyer assigns this contract. Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyers k obligations under this contract. 23.TIME: Time is of the essence in this contract. The parties require strkt compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance Is extended until the and of the next day which is not a Saturday, Sunday, or legal holiday. 6 6 24.EFFECTIVE DATE: The effective data of this contract for the purpose of performance of all obligations le the date the escrow agent race"this coMmot after all parties execute this contract. (TAR•1801)1.28.10 initialed for It'iwiMc don by Seller ,: Paid t3Uyer,a, Pae 11 of 18 c I Pm&mW rkh ZWomW by1loLa* 1 W76 FMan Mlle Rood,Filar. a 460116 N eWOLO 1G M 7N R hno&d t I I t r i r I + r Commercial Cor*oct- Improved Property conowning 9Q4 R. Rgadad„_Pound Roek. Tx_ _79664 I c t , , 26.ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a tide policy. B. if the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded Indebtedness, or standby fees of the district before final execution of this contract. C C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or,sewer service to the properties In the certificated area. If your property is located in a i certificated area there may be special costs or charges that you will be requited to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or ewer service to your property. You are advised to determine If the property Is In a certff1oated area and contact the utility service provider to determine the coat that you will k. required to pay and the period, if any, that Is required to provide water or sewer service•to your pro . The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the xecution of a binding contract for the purchase of the real property described in the notice or at closl of purchase of the real property."The real property Is described in Paragraph 2 of this contract. k D. If the Property adjoins or shares a common boundary with the tidally Influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be Included as part of this contract. r E. If the Property is located seaward of the Gulf Intracoastal Waterway,§61.025,Texas Natural Resources f Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. r F. If the Property Is located outside the limits of a municipality, the Property may now or later be included In the extra-territorial jurisdiction (ETJ) of a municipality and may now of later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located In the general proximity of the Property for further information. i G. If apartments or other residential units are on the Property and the units were bulk before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. H. Section 1968.184, Occupations Code requires Seller to provide Buyer a copy of any mold remediation certificate issued for the Property during the 5 years preceding the date the Seiler sells the Property. E 1. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or Inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Seleotion of experts, I Inspectors, and repairmen is the responsibility of Buyer and not the brokers. : 26.CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 6:00 p,m., in the time zone in which the Property is located, on Auwsj; 31. 2012 the offer will lapse and become null and void. s �� 2 (Tart-7801)t-zs-lo metaled tar Igentlncatron by Setts ."""'"�ntl etryer�, Page 12 of 13 i rmduad vftzlpPOtR+OOY VMO{ tWOFlAnn RYk ROM,Fr"*r.WobhOn 4M8 bpmpg 304E d , F • i I E E r Cortener8el Contract-Improved Property owoemkV 304 1- Mandad. Round 9-00k,._'1"!C_ 111964 t 25.ADDITIONAL NOTICES, i E A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be fumished with or obtain a tide policy. B. if the Property is situated In a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax nits, bonded Indebtedness, or standby fees of district before final execution of this contract. t C. Notice Required by §13.257, Water Code: `The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which Is authorized by low to provide water or.sewer service to the properties in the certificated area. If your property is located In a tertiflcaasd arae there may be special costs or chargee that you will be required to pay before you can receive water or sewer service. There may be a period required to construe Imes or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the I property is In a certif osted area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at dosing of purchase of the real property."The real property is described in Paragraph 2 of this contract s D. if the Property adjoins or shares a common boundary with the tidally Influenced submerged lands of the state, 133,135, Texas Natural Resources Code, requires a notice regarding coastal area property to be Included as part of this contract 4 E. if the Property Is located seaward of the Gulf Intracoastal Waterway,§61.025,Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be Included as part of this contract. E F. if the Property Is located outside the limits of a municipality, the Property may now or Nater be included 4 in to extra-territorial Jurisdiction (ETJ) of a munkripatity and may now or later be subject to annexation E by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine It the Property Is located within a munleipalVe ETJ, Buyer should contact all municipalities located In the general proximity of the Property for further information. G, If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract H. Section 1966.164, Occupations Code requires Seller to provide Buyer a copy of any mold remediation E, certificate issued for the Property during the 5 years preceding the date the Seiler sells the Property. a 1. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental s assessments, or Inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local budding codes, ordinances and other applicable kaws to determine their effeot on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. 28.CONTRACT AS OFFER:The execution of this contract by the first parry constitutes an offer to buy or sed the Property. Unless the other party accepts the offer by 6.00 p.m., in the time zone in whish the Property is located, on Aumat. 31, 2012 the offer will lopes and become null and void. s i b t i (IAR-1801)1-2910 Wdereci for Ider►tl8osson by Sall mane 9uyer,C2. Pops 12 of 13 E ?1UhX8dVftZWWM*=AM 18MID VM""tft Need P1M1.100b."An4M X4ESN&d 'g S 3 )0 , I i p i� 4' ' t { Commercial Contract-Improved Property ooncern tg 304 S. ft0dad. R,�ttSO lto,-k, TR 78564 { READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal suMictencys 110041 effects or tax consequences of this document or transaction.CONSULT your attorney BEFORE signing, Beller: Buyer. --�w By �r r M By(sw1wwro By(SiOmium): Ptkgett Name: PBnted Nance: s' life: Title: By: JM4nth & ruj I i ' By. I `C� """ BY(agnstura):. � By(eiprtature): Panted Name: Printed Name: We: Tft: AOREEMLNT BETWEEN BROKERS (use only if Pan nwh 98(f)Is effsoBve) Principal Broker agrees to pay (Cooperating Broker)a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: 13 $ ,or ❑ OA of the sales price,or ❑ %of the Principal Broker's fee. Escrow agent is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing.This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. I E r f Cooper—on er BY rsy: ATTORMTS i i esters attomey: Buyer's attorney: Address: Addrese: 1 Phone&Fax: Phare&Fax: FF-mell: P-matt: $01or+s attorney requests copies of documents, Buyer's attorney requests copies of documents, !E notices, and other information: noticec and other information: O the title company sends to Buyer. Q the title company sends to Seller. i ❑ Seller sends to Buyer. 0 Buyer sends to Seller. ESCROW RECEIPT Escrow agent acknowledges receipt the contract on this day ,�Q(Qu���� teff®otiv�s„clete��c l9'B. as o i ® nt of$,![ !�r in the form of llf-- on r Escrow Ag _ iTz Address: AA IbA By: Phone&Fax: Assigned le nu r(GF#): E-trail; air CrAr+Miwit 1-2a-14 V atP.gt tic a 1a PM&VWW+nz eby*IMV+k reomrae.nea.►so.o r�...�aaue.�+eoza wi�rxeae [ r , 4 4 f j • f t TExAS ASSOCIATION OF REALTORS® COMMERCIAL PROPERTY CONDITION STATEMENT UNOP"PORMByM=N8NM0MMOTMWW90►THHTlRMAB=1&1ftOFMALTOW18NO A"RM eTaaaNeNwonaNMIO %ftuto k CONCERNING THE PROPERTY AT: 304 ss. Sagftd. Sound Rook, TZ 78664 THIS IS A DISCLOSURE OF THE UNDERSIGNED'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED. IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES A BUYER OR TENANT MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER, SELLER'S AGENTS, LANDLORD, LANDLORD'S AGENTS OR ANY OTHER AGENT. t PART i-Comglaft If PraRg tv Is imnul nd or Ualmomed I Not Are you(Sellar or Landlord)aware of ,AZ= Aware t (i) any of the following environmental conditione on or affecting the Property: (a) radon gas? . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . ❑ Epi (b) asbestos components (1) triable components? . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Li er (0) non-friable components? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . 1) ell, (c) urea-fomraidehyde Insulation? . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . ❑ t (d) endangered species of their habitat? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ (� i (e) wadands? . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C3 (f) underground storage tanks? . . . . . . . . . .. . . . . .. . . . . .. . . . . . .. . . . . . . .. . . . . . . . . ❑ e (g) leaks in any storage tanks(underground or aboveground)? . . . . .. . . . . . . . . . . . . . . . . Q Q'� X (h) lead-based paint? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . C] eJr t (I) hazardous materials or tonic westo? . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ q i i Q) open or closed landfills on or under the surface of the Property?. . . . . . . . . . . . . . .. . . . C3 (k) external conditions materially and adversely affecting the Property such as 1 nearby lonAls,ameldng plants, burners,storage facilities of toxic or hazardous materiels, ►ethers, ub*transmission Mea,mills,feed lots, and the like? . . . . . . . .. . . ❑ i (I) any activity relating to drilling or excavation sites for oil,gas,or other minerals?. . . . . . . U (2) previous environmental contamination that was on or that materially and adversely afilected to Property, Including but not limited to previous environmaintal conditions �/ listed In Paragraph i(a)-(I)? . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . .. . . . . . . .. . . . . C] C�!/ (3) any part of the Property lying In a apedal flood hazard eras(A or V Zone)? . . . . . . . . . . .. . . (3 (ar (4) any Improper drainage onto or away from the Property? . . . . . . . . . . . . . . . . . . . .. . . . . . . . . [] (5) any fault One or row the Property that materially and adversely affects the Property? . . . . . . p (0) outstanding mineral rights,exceptions,or reservations of the Property held by others? . . . . . 13 IZ k (1') air space restrictions or easements on or affecting the Property? . . . . . . . . . . . . . . . . . . . .. . (� F (8) unrecorded or unplatted agreements for easements, utOities, or access on or / to the Property's . . .. . . . . . . . . .. . . Q. . .�. . . . . . . . . . . . . . . . . . . . . . . . . . .. . ❑ e( (TAR-1408 I, -10 1nftWd by aelle�'or ,rs�rlr and Guyer or TN1a1 PYpe 10t 4 I BtannitCommeroul'1�('�' a1m Trd111aund Rock.'!`X 79681 PhW.(512)244.9TOr Fuc RMS01 a 3048BI&M wodue.d ww Xs #0r Me M+VUVQ* I., rwewn w�.rso.a.r.�...r naw..+�eaa raiar aBoJ.aoe�,amn f A k c Co Commana a a"I d. PUni+A Rook TK 713664 rdsl Property ndftion Statement atoerNng� P Not ,Aware Ai cis (9) special districts In which the Property Iles(for example,historical districts,development ,.,/ districts,extraterritorial jurisdlotions,or others)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13eI (10)pending changes in zoning, restrictions,or In physical use of the Property? . .. . . . . . . . . . . . 13 a'-� (11)your receipt of any notice concerning any likely condemnation, planned streets, highways,railroads,or developments that would materially and adversely affect the �^ Property(Including access or visibility)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [3 0 r(13)(12)lawsuits affecting titre to or use or onjoymaht of the Properly?. . . . . . . . . . .. . . . . . . ... . . . . ❑ Er- (13) your receipt of any written notices of violations of zoning,dead restrictions, or government regulations from EPA,OSHA,TCEQ,or other government agencies?. . . . . . . . . ❑ ( (14)common areas or facllltles sMilated with the Property co-owned with others? . . . . . . . .. . . . . (15)P `o or tenants`association or maintenance fee or assessment effecting.the E3 �, If aware,none of association Name of manager: Amount of fee or assessment:$ per. Ars fees current through the data of this notice? 13 yes ❑ no p unknown (18)subsurface structures,hydraulic Iftts, or pips on the Property? . . . . . . . . . . . . . . . . . . .. . . . . . ❑ @j'" (17)intermittent or weather springs that afksct the Properly? . . : .. . . . . . . . .. . . . . . . . . . . . . . . . ❑ Ell"' (18)any material defect In any Irrigation system,fences, or signs on the Property? . . . . . . . . . . . . (3 t� (19)conditions on or afferting the Property that materially affect the health or safety of an ordinary kxMusl? . . . . . . . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . . .. . .. . . . . . .. . . . . . ❑ 0 If you are aware of any of the conditions listed above, explain. (Aftch adcffkmaf tnrbm► Um Nneeded.) i i i I i PART 2—Domglats onbf if Pronarty Is Improved A. Are you(Seller or Landlord)aware of any material detects In any of the following on the Property? f Not Not E' (1) b1®!items: Alm AMMM ARRL (a) foundation systems(slams,columns,trusses,bracing,crawl spaces, piers, beams,footings,retaining walls,basement,grading)?. . . . . .. . . . . . . . . . ❑ �/ ❑ (b) exterior walls? . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ❑ C�7 ❑ (c) fireplaces and chimneys? . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . . . . . .. . . . . ❑ 12" ❑ (d) roof,roof structure, or attic(covering,flashing, skylights, Insulation, roof JJ penetrations,ventilation,gutters and downspouts,decking)? . . . . . . . . . . . . . . C3 l3/ ❑ (e) windows, doors,plate glass,or canopies . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ C+,f ❑ I (TAR-1408)1-211-10 Wdsled by Seller or * ,_ _and t'iw or Tenant: Page 2 of 4 P(**WatMlhLpromlebrzgLApOc 18070Man NNYRoad FraW MOh1WaMM UmmWad"m 3048 Bated 4 a i A e mm mal property GonOw Statement cOn08rnlnp 104 til 2M&d#a Round MA. WX 18664 S t Not Not (2) Plumbing 8vetems: Aymra Mirage 8001. (a) water heaters or water softenere? . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ❑ E-` ❑ (b) supply or drain lines? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ .0' ❑ i (c) faucete,fixtures, or commodes? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ❑ L' ❑ j (d) private sewage systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ 1' ❑ ! { (e) pools or spas and equipments? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ El' ❑ 3 (� sprinkler systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ f' ❑ (g) water coolers? . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Elm 13 (h) Private water wells? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ❑ ❑ r5r (1) pumps or sump pumps? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ or I (3) HVAC Byews: any cooling, heating,or ventilation systems? . . . . . . . . . . . . . . . . . ❑ 00" ❑ (4) Electrical Systems: service drops,wiring,connections, conductors,plugs, l grounds,power, polarity,switches, light fixtures,or Junction boxes?. . . . . . . . . . . . . ❑ 01 [1. •(b) mer Systems or items: (a) security or fins detection systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ 13' ❑ (b) porches or decks? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ lel E3 { (c) gas lines? . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C3 (30/ ❑ (d) game doors and door operators? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ 13 L�,�• !' (9) loading doors or docks? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13ltS (t) rolls or overhead cranes? . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . ❑ ❑ EK 1 (g) elevators or escalators? . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . I . . . . . . . . . . . . ❑ ❑ Cf (h) parking areas,drives,steps,walkways? ❑ �❑,/ d 0) appliances or built-in kitchen equipment? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13I 1 ❑ t If you are aware of material detects In any of the home listed under Paragraph A, explain. (Affach t addafonal Infol"Hon Knee W) S. Are you (Seller or Landlord)aware of OYleam 9No sit (1) any of the following water or drainage conditions materially and adversely affecting the Propefty: __,/,/ (a) ground water? . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q L7 (b) water penetration?. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ >`7 R (c) previous flooding or water drainage?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ (d) eoll erosion or waiter ponding? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ C� i (CAR-1408)1.28.10 InHWW by Sellar or Land and Buyer Or TwO* Popo 3 of 4 6 ProftW YM LFFame by 2WVk!8070 Foam MIN Road.FMW Mk"M 4M .YWJp{MKM 304E BOW i i I R Commercial Property Condition Btaternent oonaemkV 304 a. Saodi d. Round Rook WX 79664Not s I Aware AM= (2) previous*Lwtural repair to the foundation systems on the Property? . . . . . . . . . . . . . . . . . . ❑ (3) settling or Boll movement materially and adversely aflbcxing the Property? . . . . . . . . . . . . . . ❑ (4) pest infestation from rodents,Insects,or other organisms on the Properly? . . . . . . . . . .. . . . ❑ (6) termite or wood rot damage on the Property needing repair? . . . . . . . . . . . . . . . . . . . . . . . . . ❑ � j (8) mold to the extent that It materially and adversely effects the Properly?. . . . . . . . . . . . . . . . . Q Ef- (7) mold remedistlon certlAcats Issued for the Property in the previous S yon?. . . . . . .. . . . . . ❑ Q'l' !f yes, attach a copy of the mold ramedlalon ceMcete. (8) previous termite trestment on the Property? . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .. . Q (8) previous tires that materially affected the Property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Cr (10)modifications made to the Property without necessary permits or not in compliance with building codes in effect at the time? . . . . . . . . ❑ (� (11)any part,system,or component in or on the Properly not in compliance with the Americans with Disabilities Act or the Texas Architectural Barrier Statute? . . . . . . . . . . . Q If you are aware of any conditions described under Paragraph B, explaln. (Attach addNwal 1nlbrmadw, if needed.) I I The undermIgned acknowledges receipt of the foregoing statement. P s Seller or Undord: Buyer or Trawnt: k By: By. aim solos 1 BY(a : lay(slpnature): pCp Printed Name: Printed Nems: € Tile• bete• Title: Dste: p p ey: By. BY(GIM atLn)' v 6... By(Q): Pdrded Now. Pd"W Name: This: pate: Title: NOTICE TO BUYER OR TENANT.The broker representing Seller or Landlord,and the broker representing you advise you that this statement was completed by Seller or Landlord, as of the data signed. The brokers have rallied on this atatsnent as true and correct and have no reason to believe k to be false or Inaccurate. YOU ARE ENCOURAGED TO HAVE AN INSPECTOR OF YOUR CHOICE INSPECT THS 1 PROPERTY. (TARA408)1.2"0 Pape 4 oto Proms.d%vm zW *br zMm*tao7o w11w r M Rwd,ft*w Min 18= ,MCMAWLU*LM 1 304 8DO&ad s i Approved by the Texas Rest Estate Commission for Voluntary Use 10-iQ-11 f 19 Texas law requires all real estate kansess to glue the k1k)%ing lnflormallon about MW brokerage seAlme to pruspecttve buyers, tenants,selterai and landlords. Information About Brokerage Services Before working with a real estate broker, you intermsdlsrryy. The written consent must stats who will should know that the duties of a broker pay the broker and,In ooneepptcuoua bold or underllihed depend on whom the broker represents. If print, set forth the broksea obA as an you ist"Whe re a rospecthre aster or landlord Intermediary. The broker Is required to treat each (owner)or abuyer or tenant(buyer),you padJr honesty and fairy endo camplyn wlttr The should knowrc ksr who lists the property for Texas Real Estate License Act A broker who acts as sele or We"Is the owner's agent.A broker who acts an intermediary In a transaction: as a su is the owner in cooperation With the�b er.A Ixoker who acts as a buyer's (1) shall treat all parties honestly, I �e t sents the buyer. A broker mmaayy skit as on mtemirmedr between the parties N the parties consent (2) may not dlsdose that the owner will saoapt s In writing. A broker can assht yyoouu in locating a price tees than the asking price unless authortted in property, preparing a contract or ae, or obtaining writing to do so.by the owner, anckog without representing you. A broker is (3) may not disclose that the buyer will pay a obligated by law to treat you honesty. price greater then the price submitted In a written offer IF THE BROKER REPRESENTS THE OWNER: unless authorised in writing to do so by the buyer,and # The broker becomes the owner's agent by entering (4) may not disclose any oa>fldentlal Information Into an agreernent with the owner, usually through aor any information that a specifically instructs the written- ail ting agreement, or by agreeing to sot as a broker In writing not to disclose unless autticrizad In subagent by soosptng an oilier of subagency from the writing to disclose the kftrmatlon or required to do so listing broker.A subagent may work in a dHlerent reel by The Texas Real Estate License Act or a court order estate oteoa. A tstng broker or-subagent can assist or if the Information materially relates to the condition the buyer but dose not represent the buyer and of the property. must piece the Inters of the owner first The buyer should not tail the owner s agent anything the buyer With the partles' consent, a broker acting as an would not want the owner to know because an ln*nvK iary between the partes may appoint a ownses agent must disclose to the owner any material person who is licensed under The Texas Reeaall Estate Information known to the agent License Act and associated with the broker to communicate with and cany out Instructions of one IF THE BROKER REPRESENTS THE BUYER: party and another person who Is licensed under that The broker becomes the buyer's agent by entering Act and associated with Lime broker to communicate Into an agreement to represent the buyer, usually with and carry out Instructions of the otter party. through a wrtten buyer representation agreement. A buya's sent can asslat the owner but does not If you ohooss to have a broker represent you,you represent the owner and must place the iatererts of should enter into a written agreement with the broker I the buyer first. The owner should not NII a buyer's that clearly establishes the broker's obllgatone and agent anything the owner would not want the buyer to Ewhoorn r oligations.The agreement should ebb how and f know because a s agent must disclose to the the broker will be paid.You have the right to buyer any material known to the agent oss the type of representation, t any.you wish to receive. Your payment of a fee to a broker does not IF THE BROKER ACTS AS AN INTERMEDIARY: necessarily establish that the broker represente you. If A broker may sot as an Intarmadlery between the you have any �u��ono regarding tins duties and i partes it the broker compiles with The Texas Real responalbRlties ofthe broker,you should resolve those Estate License AcL The broker must obtain the written questions before proceeding. consent of each party to the transaction to act as an Real estate licensee asks fret you acknowledge recaipt of this Intammedon about brokerage services for the Ilosnsee's records. i oyer,W,Landlord Or Terad DAD Taxes Ron Haab 9aakua and aWs6pmaansas 0aerad end rewAded ler a#a Tams Ileal P.abha Ommkdm URI.It you hos a quWm or ftr(Mrd rmwd hp and awta JmWW you should oonlad UW at P.O.Om 12100,Ausk TOM 78741-2100,5t"ee.30oo 0N0.Nww.Mataaaa.OoN (TAR-2601)1040-11 TREG No.OP-K Samit Commovial 20 Chiahohn TW1 Ram!kook TX 7841 Fhww(312YA4-9707 Frac Rau Bola 304SOnO d I PMd a11h Xpd'ama ler a1ploglx 1aD70 f91Mn a4aa Road Prean;Mbhlpen�e0sa F k t I <yky E i i i 3 1 I t 9 [Ai F ',p (''l f,'\ ct�r^Cn'1♦(O�xyAMQ$1 -.a lS} \ +a S �Vq 2+ tV' t get Hey�v's`yf)P jPy�Fi " .j.+ts5< ?P.9li �vX$yad Xl f c VIN ,r ttr rT x �k ,IIT.S $o'.\ �� \ tfr� � .5 •��+ �'�'aak�D y�2'C a �J'1 "1 '��5; i. �t?B}'rW'•'Y1pl k � i .Y 1C'7C11 .lrinY r�Jt)e 44 1. 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