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Home My WebLink AboutWarranty Deed - RAYFORD P. & GLADYS I . TRUCKS - 112 E SPREADING OAKS , P_ j,`5°�c� ' � '� �� . ��..� Prepared by the State�ar of 7�exas for use by lawyers only. Reviewed 1-1-76. Revised to include gr:intee's address (art. 6626, RCS) 1-1-82. ��'�� XIARRANT'� IDEED o0�-3�-� �ss THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON � � That WE, RAYFORD P. TRUCKS and wife, GLADYS I . TRUCKS, � of the County of Galveston and State of Texas for and in consideration of the sum of TEN AND NO/100 ( $10. 00 )------------------------------- ----------------------------------------------------------------DOLLARS �cash and oth�r valuable consideration to the undersigned paid by the grantee herein narned, the receipt of. ��I�irh is hereby acknowledged, have GRANTEll, SOLU AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF FRIENDSWOOD of the County of Galveston and State of Texas � �r� �� the following described real �roperty in Galveston County, Texas, to-w��¢; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE ANT� TO HOL� the above described premises, tagether with all and singular the rights and appurtenauces thereto in anywise belonging, tznto the said tr.ante:; , its suceessors .}�ei.�s-and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all anci singular the said premises unto the said grantee ,its successors itei�s-and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. ` EXECUTED this � �� day of *, �'�'' , A.D. 19 8 7. 1 �y � � �� -- -- ---- J - -- -��'=�`-`�`—'-------------�-------------------- RA RD �TRUCKS � - -�----------------�----�-------------------------------------- GLADY�RUCKS • --------------------- -----------�---------------------------------------------------------------------------- Mailing address of each grantee: Name: Name: 005'�3%�'�1 1_VtJ Address: Address: (Acknowledgment) STATE OF TEXAS� � COUNTY OF;`'�0��7� ,,, ,�`-�"' ,r;,-• .� ~'' �'°��1� }7�J f'.,� . This instrument was acknowledged b t�.4ga•tiTi,'Chri,�/ day of 19 $% , by RAYFORD P. TRUCKS a ��i f e GLk�Y�� I TI�,UCK : r 1,� I : . . ; f ,j / �,- . ; • �l�/i�,�'� . : -- - -- -------- - -�-�- ----- -- --- --- - -------- - ----- : - . � •.�� : tary Public, State qP"Texas ` `sj,qr�o..,,�•'��,`� otary's name (printe�d): I��Qc�Q�h �n��N� �EE>c�'c�' 0�� Notary's commission expires: � 3--ta-�� (Acknowledgment) STATE OF TEXAS � COLNTY OF This instrument was acknowledged before me on the by • day of , 19 , •----------------------•------•------...----------------------------•--•-----•------•---•--••-•----••---.. Notary Public, State of Texas Notary's name(printed): Notary's commission expires: (Corporate Acknowledgment) STATF OF TEXAS � COUNTY OF J This instrument was acknowiedged before me on the by , of a corporation, on behalf of said corporation. AFTER RECORDING RETURN TO: 211 park��T�E Usa ,Fri��asayo�c,��e, ��4 Ip� 6 day of , 19 , --------------------••------•---•------------------•-------------------•----.....---•----------�---------- Notary Public, State of Texas Notary's name(printed): Notary's commission expires: PREPARED IN THE LAW OFFICE OF: .D. �. ��,`��:�, � � � , . �� „ ' Y .. . � , . . .. I r • � � . ,. �. . . . . ��4 005-34-I T� �t. . . � , , �. ' G.F. N0. 87-1855 w , ,', �� . , s,;. �,, .. � � � , , . �. . . . . . , . °�.;1• 'fi�" . .. . . .. . . �x+ �` �;� , ' -ti' 15 . . � . .. ' . � � :; ' i ;it . . � ' .%j �I �v{ %} ..� K ! �,�k " 1 r L � d � � i � �� R EXHIBIT •A" � `.�t �°� �b"� „� �, �, , � � , � y 5� A : � . � ^. ��.� r ,3 �i i . � .. �, i-�. ,� k �.� � �3^J�. 3 ` � 4rt;. � �'�,) X I�, k� � t if .. J'` . � 4 �� ?) r ya ' p 5., X'�s . . ;1 `s�v "�`#, .' �° , , . * i�. i �� +� wa'.��y Fi '�'�� " `. p� i r4.r t �, �.� , .. � � • �R �,� ,�� r � d � . . o : 's:, °s t�� ;r �+�'��x tl��a"�,, w w, v� J� F +TM �;,, �n � �. � 7�1 r,'� � 4�:'p'k �sc'+� �q .fiy2? � + �r'�'�r; . � �� `' � .v�E�';�514 �f�n s' � A!. '�, '�'� 9 ..�,, � :'k�y �:�%'jd 't��*�d� �� ..;i �' _ ,, , ,.. „ ., ,� , .. ..,. g � , .,,, ` � � _, , ,, ^, .;; Bein a par�� o� 'Lot ',9 in 81ock 2 of' the Subdivi�sion af �'��i; nd�wood, : ' ` Texas, a part of'. khe �7. R. Williams Leagu�, ' also knawr�°��s�°th� -Sarah � ` McKissi.ck Grant,;;'isAid� traCt �being , out of the Southeast �h�lE4`�vf�',eai.d;-�Lot�;.' `"��.,. 9 in �Block 2 in�G�n,�lz e�ton ;,Cc� ,n.ty, Texas, more particularly`c�e�sc��b�d�aQ �� fOIZOW$i <��:� ��, �* � ,}•vl �� .�:; � � . ;:,a �. . . . '�,A1' �'� } �3 ��( �� R' � �. . . . . y �� f YNua+ h�� . . h�' .y�:..�`t �'1d�.A'� �� .. 4� � ._ � ,. . �� ,, , BEGINNING at a'' point'' on the Southeast line of sa�id Southe�st haZ£ of � Lot 9, Block 2~ which :point ;is 60 feet southwest of the mos3t` Lasterly cornez of said , Lot 9s,:` � . , • . THENC� in a Southwesterly direction along the Southeast lin+� of said . Lot 9 a distance of 144 feet to the PLAC� OF BEGINNIt�G o� the tract ;' herein described; TBENCE in a Narthwesterly direction alang a 13.ne para�lel to the .. N�rtheast line of said ' Lot 9 a distance of 18� feet tQ point for' ' cornerf h , THENCE in a Southwester2y direction along the line g�ralle�. to the Southeast line of said Lot 9 a distance of 70 f�et to point �'�r corner; THENCE in a Southeasterly ,d irection along a 1 inP ��<�rallel to the Nor�heast line of said Lot 9 a distance of 185 feefi to point for corner; . THENCE in a northeasterly direction alang the Southeast line of said Lot 9 a distance of 70 £eet to the PLA�CE OF BEGINNING of. the tract herein described , also know as Lot 14 ot I300VER SUBUIVISION, an unreaorded Subdivision in Galveston County, Texas. k\ �pR R�Cfl�� 3 i ATE OF TEXAS COUNTy OF GA�t/ESTON ��D I hereby cenify t�t this instrumeni was Fi1ed a Q'� on the daie and time stamped hereon by me and � , � � �,c� FN t3 was duly recordec#in the Ufficiai Public Records �}1IL of Real Property of Galvestvn Ccwnty Texaa,on � ' �� ,,�.a� �� i, "�.'�.'� JllL '7. a98? , , n,, w - � � ,, % ,>,��'� c,�?�.,��, �(• y - . _ , ��,:..�;;Q�� . � '�� °�' - °"' - _ . ., , � � ' .:. '- ' , w';�.....a, .. CO+JNTY CLERK: . ' GAi.VESTON GO„T,�X/!S . ,�w. , � : �.. , , ; � _ . _ � � �t, ��T1T,L�L�SL�,� .��40Q � � , �` ��, } t 6�j �``� �, ��c , � �� ^�.�a�.'��x,7"0��'� :, �,�,L z��:�;�G�y.,; , . : F \\ W `' ��_Y � � \,\ � SO U TiS�,r�YE"STE.P.0 y 7d � � � %'��.,r? fc��' '/z "�.P, f�T /.O F�o,PT � a sr� ��OG , n; ` � � G � o s�`� c�p �� \ h �:� � � _ v v � ; 2 � � � � � v � � � � � �3 w � �� ;�- �t � h � � 0� � � : � 0 . � � � �. ,.� _ J O o ° � � � ¢o ¢ - V o �0 . .., ^ � ? V 1n N i- sry, F,P�� i� ' � 0 ¢� ¢' v, 4 � I�� a � � ^* I� , gd° n I � ' , . �V � t 3�8 N ti � i. G is�a 'Q I��~ z ;�.C� r�:� � , °�.� s->� —��• —�j------ --- \ �V O% �i.P F.VO � i'�i.i°, .�iv p.�+� Q' �vo.�r.s�E�SrE�'tY �o ' �. �"iqSl S�°�C',�"�D//I/G O�'.C�S Go •,�.o. w TO THE LIENHOLDERS ANO/OR THE OWNERS OF THE PREMISES SURYEYED AND TO TiT.G E vr,�cr • TA• uAtl�rsip��d do�s h�r�� c�rtitr ihat ihis wrv�r ws this doy anad� on tA� qround ot fM OF ` .. pro�rtr i�qaily O�scrip� hN�on aod is corr�ct�and ihat thK� an no discr�Oonci�s� '�E ••••••TF �.�P.••• .;i-ys. �ncroo¢hm�nts,owrtopOinp oi i�prov�s�nts,�os�a�Mts or ripAt ot rey. �:opt as show�� hK�on,and tAat soid prop�rty Aas oea�ss toand f�om a d�dicet�A �oedMay. *' �� ......................... < NEAL D.WILLINGHAM � Dat�d fhis th• � dar of `'T��' �9 $7 �..�......4104 ......��. � ,p•, � �`��9F��S T E R��"��I si�MEa= ��• SuR� NEAI D. WILLINB , R.P.S. �141 +� O.L. aENOTE8 BUILOINA LINE. NOTE� ThE SURVEYOR MAS NOTA9STRACTEO TMI$ SURYEY. U•E. DENOI'Ea UTIl.17Y EASEMENT. PLAT Ft?R� ��ry a,� F.taiENOS/✓oo0 AOORESS� ��a �sr s.�,e�.�i�.��ve o.v.�.s� SU80: .��'•y.e .s�rJ'.y,�.y,�p ,�.r.er,,•vs.�avo,TEXAS CAUNTY� G�',CS�.s�.rTa�/ �C.� LOT� BLOCK= SCA�E� i��3o�REV.� VOL.� PKi.� DRAWN BY= •�'+� ti.F.�1� 87- �BSS J48 N4.: �.4'88 �ous�ro� , TExas M. � W. SURVE Yi MG , lNC. {Ti3� �a� -22s� , --. ,. . . • , . - -, . .. .. :- _ __:. _ �.:. .- -- ... _.. ., _.� _ . _ �. � � .< _ � , .�.� -_ _ ,.. . _ - - � - - _ - - - � -- - _-�� -�- �- - - - -�= ° -. ...�.�.-� ..,.,-. , � ,_ ; : . . . _, �..: _ _ . . � � .. . . .. . . ... .... ... .. . . ..... . � .... _ __ `_ _ _ _ ' �_' � � � _� �...v.��Y� i�-• 1 L ... -,.-.:.. F �� i - - - r• - _ - _ - - - .., . .-. . , "... ..... .. . . ._ _. _._ _ _ _ .' -�- - � - --�_ -_ �, ...,--�- - - .,,� i, � -. -, .r ,. F .._ .-. , . �e _ . ' _ ' . _. - ._ .: :. . . : � n . _ _ _, _, . : ,- .... ., .. . . � _ . .., �. ... _ _ ...: �_'.v _� : .. �:��_:, _'. : �_. . . _�_' <: _.. _� ._�:� �.-.::_ .c _ . � ._� .��t t T �-�.i-.r- �,.. '-,.. •.s...-.�..-._ . . . , ' ' : : ..�._;'.. '.�.: -=: :�..�_ '�'""_� �._..� i. :� -i ' " ' '' ' "' '. � _. _ ...,_ �- -S: �.t .._. t_ _.�c p e.._.L L.-. _.-._ • ' . ' , _ - - '.' ' �;. ,. .- �_�:: � < - .._ . : � ' ' ' - - _ ' .. . ... s �:..':._� ._:' .�._ .cs_ . _c . �... ai ;'-,! ' _ rr-- . _ - , . ... . . ._ : =x. _,.. . . , ,. .. :. � _ ' . ., _ . „ _ "' ' __' . _. _ _ " '_ _ ,. _. ..._ _, a _.._ _ i �_. .- -.� _.. �C� ._ -�� -'. . '. , ' ' ' " , . .:.:..'r . �_��_��.;'_.. ': ' _ ..:;:.L. _ :� :�_._. '. _`:. '' _ " u " ' , i , . �; �. � � o -!' ..-4,.-.'- . _, . . . _ , . , . . c � , , a.. . . . . , , ._ . . . . ...._ � . _ _. _.. v.i�. , . ... .,.. ,:.,.. _ .. _ � . . . ' _ _ _ �_: ��.�� . . : . _ , �_ r. .. _� ",_ .. ._:. _: �� .._ _ "� ''�'�' '� ' ''.' ' _' . _` ' '_ z � . e.�. :. . �_ , . .. .. . . _ ' . � ". � � '.. '. i .. . '"�'_' " :. .,'. � " ;" -.:'" �,,. "�'S,_' "' _.�_ ' ' . _ i .�_.. .�i. :.. ::'-. ':_:� . _.,�. '_.... .! ._ .�. �.. :... _'. �_��_. ;. .. : .. . .. '.. ' _ " ' ' _' .. ' ' "" ' '_ "" '_.''' , s �. . . . ' . . . ' _ ,�A�~��`�...'. _ _ _ . , _ .. ,�:�r;�� Q� r�� - - - - -��,,`�,,. ,.••' .,;p`,�' �� '�C�`�\ ,�...'•E�i;�l D.Ht1�UP1G�-!A�1 �;. >-C�• •y{ 410� '.`...��/�i �\�t�`�n' c��TF f�'�,i `�'.��ra��`,� ` , P_ j,`5°�c� ' � '� �� . ��..� Prepared by the State�ar of 7�exas for use by lawyers only. Reviewed 1-1-76. Revised to include gr:intee's address (art. 6626, RCS) 1-1-82. ��'�� XIARRANT'� IDEED o0�-3�-� �ss THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON � � That WE, RAYFORD P. TRUCKS and wife, GLADYS I . TRUCKS, � of the County of Galveston and State of Texas for and in consideration of the sum of TEN AND NO/100 ( $10. 00 )------------------------------- ----------------------------------------------------------------DOLLARS �cash and oth�r valuable consideration to the undersigned paid by the grantee herein narned, the receipt of. ��I�irh is hereby acknowledged, have GRANTEll, SOLU AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF FRIENDSWOOD of the County of Galveston and State of Texas � �r� �� the following described real �roperty in Galveston County, Texas, to-w��¢; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE ANT� TO HOL� the above described premises, tagether with all and singular the rights and appurtenauces thereto in anywise belonging, tznto the said tr.ante:; , its suceessors .}�ei.�s-and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all anci singular the said premises unto the said grantee ,its successors itei�s-and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. ` EXECUTED this � �� day of *, �'�'' , A.D. 19 8 7. 1 �y � � �� -- -- ---- J - -- -��'=�`-`�`—'-------------�-------------------- RA RD �TRUCKS � - -�----------------�----�-------------------------------------- GLADY�RUCKS • --------------------- -----------�---------------------------------------------------------------------------- Mailing address of each grantee: Name: Name: 005'�3%�'�1 1_VtJ Address: Address: (Acknowledgment) STATE OF TEXAS� � COUNTY OF;`'�0��7� ,,, ,�`-�"' ,r;,-• .� ~'' �'°��1� }7�J f'.,� . This instrument was acknowledged b t�.4ga•tiTi,'Chri,�/ day of 19 $% , by RAYFORD P. TRUCKS a ��i f e GLk�Y�� I TI�,UCK : r 1,� I : . . ; f ,j / �,- . ; • �l�/i�,�'� . : -- - -- -------- - -�-�- ----- -- --- --- - -------- - ----- : - . � •.�� : tary Public, State qP"Texas ` `sj,qr�o..,,�•'��,`� otary's name (printe�d): I��Qc�Q�h �n��N� �EE>c�'c�' 0�� Notary's commission expires: � 3--ta-�� (Acknowledgment) STATE OF TEXAS � COLNTY OF This instrument was acknowledged before me on the by • day of , 19 , •----------------------•------•------...----------------------------•--•-----•------•---•--••-•----••---.. Notary Public, State of Texas Notary's name(printed): Notary's commission expires: (Corporate Acknowledgment) STATF OF TEXAS � COUNTY OF J This instrument was acknowiedged before me on the by , of a corporation, on behalf of said corporation. AFTER RECORDING RETURN TO: 211 park��T�E Usa ,Fri��asayo�c,��e, ��4 Ip� 6 day of , 19 , --------------------••------•---•------------------•-------------------•----.....---•----------�---------- Notary Public, State of Texas Notary's name(printed): Notary's commission expires: PREPARED IN THE LAW OFFICE OF: .D. �. ��,`��:�, � � � , . �� „ ' Y .. . � , . . .. I r • � � . ,. �. . . . . ��4 005-34-I T� �t. . . � , , �. ' G.F. N0. 87-1855 w , ,', �� . , s,;. �,, .. � � � , , . �. . . . . . , . °�.;1• 'fi�" . .. . . .. . . �x+ �` �;� , ' -ti' 15 . . � . .. ' . � � :; ' i ;it . . � ' .%j �I �v{ %} ..� K ! �,�k " 1 r L � d � � i � �� R EXHIBIT •A" � `.�t �°� �b"� „� �, �, , � � , � y 5� A : � . � ^. ��.� r ,3 �i i . � .. �, i-�. ,� k �.� � �3^J�. 3 ` � 4rt;. � �'�,) X I�, k� � t if .. J'` . � 4 �� ?) r ya ' p 5., X'�s . . ;1 `s�v "�`#, .' �° , , . * i�. i �� +� wa'.��y Fi '�'�� " `. p� i r4.r t �, �.� , .. � � • �R �,� ,�� r � d � . . o : 's:, °s t�� ;r �+�'��x tl��a"�,, w w, v� J� F +TM �;,, �n � �. � 7�1 r,'� � 4�:'p'k �sc'+� �q .fiy2? � + �r'�'�r; . � �� `' � .v�E�';�514 �f�n s' � A!. '�, '�'� 9 ..�,, � :'k�y �:�%'jd 't��*�d� �� ..;i �' _ ,, , ,.. „ ., ,� , .. ..,. g � , .,,, ` � � _, , ,, ^, .;; Bein a par�� o� 'Lot ',9 in 81ock 2 of' the Subdivi�sion af �'��i; nd�wood, : ' ` Texas, a part of'. khe �7. R. Williams Leagu�, ' also knawr�°��s�°th� -Sarah � ` McKissi.ck Grant,;;'isAid� traCt �being , out of the Southeast �h�lE4`�vf�',eai.d;-�Lot�;.' `"��.,. 9 in �Block 2 in�G�n,�lz e�ton ;,Cc� ,n.ty, Texas, more particularly`c�e�sc��b�d�aQ �� fOIZOW$i <��:� ��, �* � ,}•vl �� .�:; � � . ;:,a �. . . . '�,A1' �'� } �3 ��( �� R' � �. . . . . y �� f YNua+ h�� . . h�' .y�:..�`t �'1d�.A'� �� .. 4� � ._ � ,. . �� ,, , BEGINNING at a'' point'' on the Southeast line of sa�id Southe�st haZ£ of � Lot 9, Block 2~ which :point ;is 60 feet southwest of the mos3t` Lasterly cornez of said , Lot 9s,:` � . , • . THENC� in a Southwesterly direction along the Southeast lin+� of said . Lot 9 a distance of 144 feet to the PLAC� OF BEGINNIt�G o� the tract ;' herein described; TBENCE in a Narthwesterly direction alang a 13.ne para�lel to the .. N�rtheast line of said ' Lot 9 a distance of 18� feet tQ point for' ' cornerf h , THENCE in a Southwester2y direction along the line g�ralle�. to the Southeast line of said Lot 9 a distance of 70 f�et to point �'�r corner; THENCE in a Southeasterly ,d irection along a 1 inP ��<�rallel to the Nor�heast line of said Lot 9 a distance of 185 feefi to point for corner; . THENCE in a northeasterly direction alang the Southeast line of said Lot 9 a distance of 70 £eet to the PLA�CE OF BEGINNING of. the tract herein described , also know as Lot 14 ot I300VER SUBUIVISION, an unreaorded Subdivision in Galveston County, Texas. k\ �pR R�Cfl�� 3 i ATE OF TEXAS COUNTy OF GA�t/ESTON ��D I hereby cenify t�t this instrumeni was Fi1ed a Q'� on the daie and time stamped hereon by me and � , � � �,c� FN t3 was duly recordec#in the Ufficiai Public Records �}1IL of Real Property of Galvestvn Ccwnty Texaa,on � ' �� ,,�.a� �� i, "�.'�.'� JllL '7. a98? , , n,, w - � � ,, % ,>,��'� c,�?�.,��, �(• y - . _ , ��,:..�;;Q�� . � '�� °�' - °"' - _ . ., , � � ' .:. '- ' , w';�.....a, .. CO+JNTY CLERK: . ' GAi.VESTON GO„T,�X/!S . ,�w. , � : �.. , , ; � _ . _ � � �t, ��T1T,L�L�SL�,� .��40Q � � , �` ��, } t 6�j �``� �, ��c , � �� ^�.�a�.'��x,7"0��'� :, �,�,L z��:�;�G�y.,; , . : F \\ W `' ��_Y � � \,\ � SO U TiS�,r�YE"STE.P.0 y 7d � � � %'��.,r? fc��' '/z "�.P, f�T /.O F�o,PT � a sr� ��OG , n; ` � � G � o s�`� c�p �� \ h �:� � � _ v v � ; 2 � � � � � v � � � � � �3 w � �� ;�- �t � h � � 0� � � : � 0 . � � � �. ,.� _ J O o ° � � � ¢o ¢ - V o �0 . .., ^ � ? V 1n N i- sry, F,P�� i� ' � 0 ¢� ¢' v, 4 � I�� a � � ^* I� , gd° n I � ' , . �V � t 3�8 N ti � i. G is�a 'Q I��~ z ;�.C� r�:� � , °�.� s->� —��• —�j------ --- \ �V O% �i.P F.VO � i'�i.i°, .�iv p.�+� Q' �vo.�r.s�E�SrE�'tY �o ' �. �"iqSl S�°�C',�"�D//I/G O�'.C�S Go •,�.o. w TO THE LIENHOLDERS ANO/OR THE OWNERS OF THE PREMISES SURYEYED AND TO TiT.G E vr,�cr • TA• uAtl�rsip��d do�s h�r�� c�rtitr ihat ihis wrv�r ws this doy anad� on tA� qround ot fM OF ` .. pro�rtr i�qaily O�scrip� hN�on aod is corr�ct�and ihat thK� an no discr�Oonci�s� '�E ••••••TF �.�P.••• .;i-ys. �ncroo¢hm�nts,owrtopOinp oi i�prov�s�nts,�os�a�Mts or ripAt ot rey. �:opt as show�� hK�on,and tAat soid prop�rty Aas oea�ss toand f�om a d�dicet�A �oedMay. *' �� ......................... < NEAL D.WILLINGHAM � Dat�d fhis th• � dar of `'T��' �9 $7 �..�......4104 ......��. � ,p•, � �`��9F��S T E R��"��I si�MEa= ��• SuR� NEAI D. WILLINB , R.P.S. �141 +� O.L. aENOTE8 BUILOINA LINE. NOTE� ThE SURVEYOR MAS NOTA9STRACTEO TMI$ SURYEY. U•E. DENOI'Ea UTIl.17Y EASEMENT. PLAT Ft?R� ��ry a,� F.taiENOS/✓oo0 AOORESS� ��a �sr s.�,e�.�i�.��ve o.v.�.s� SU80: .��'•y.e .s�rJ'.y,�.y,�p ,�.r.er,,•vs.�avo,TEXAS CAUNTY� G�',CS�.s�.rTa�/ �C.� LOT� BLOCK= SCA�E� i��3o�REV.� VOL.� PKi.� DRAWN BY= •�'+� ti.F.�1� 87- �BSS J48 N4.: �.4'88 �ous�ro� , TExas M. � W. SURVE Yi MG , lNC. {Ti3� �a� -22s� , --. ,. . . • , . - -, . .. .. :- _ __:. _ �.:. .- -- ... _.. ., _.� _ . _ �. � � .< _ � , .�.� -_ _ ,.. . _ - - � - - _ - - - � -- - _-�� -�- �- - - - -�= ° -. ...�.�.-� ..,.,-. , � ,_ ; : . . . _, �..: _ _ . . � � .. . . .. . . ... .... ... .. . . ..... . � .... _ __ `_ _ _ _ ' �_' � � � _� �...v.��Y� i�-• 1 L ... -,.-.:.. F �� i - - - r• - _ - _ - - - .., . .-. . , "... ..... .. . . ._ _. _._ _ _ _ .' -�- - � - --�_ -_ �, ...,--�- - - .,,� i, � -. -, .r ,. F .._ .-. , . �e _ . ' _ ' . _. - ._ .: :. . . : � n . _ _ _, _, . : ,- .... ., .. . . � _ . .., �. ... _ _ ...: �_'.v _� : .. �:��_:, _'. : �_. . . _�_' <: _.. _� ._�:� �.-.::_ .c _ . � ._� .��t t T �-�.i-.r- �,.. 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'.. ' _ " ' ' _' .. ' ' "" ' '_ "" '_.''' , s �. . . . ' . . . ' _ ,�A�~��`�...'. _ _ _ . , _ .. ,�:�r;�� Q� r�� - - - - -��,,`�,,. ,.••' .,;p`,�' �� '�C�`�\ ,�...'•E�i;�l D.Ht1�UP1G�-!A�1 �;. >-C�• •y{ 410� '.`...��/�i �\�t�`�n' c��TF f�'�,i `�'.��ra��`,� ` � ` ' ��Y `�' . . . ._ 1 4 .. '� '�i,i�' 4f! C� f�'� � �� L_A �nJ.L 0 ,� CAUTION: 71TLE USA COMPANY Of GALVES70N CUUN7Y ASSL'MES NO LIABILlTY FOf7 ERRGRF,OR OMMI;:SlON.�,IN THIS REPORT OR rOR VERBAL S7RTEMENTS. This rs a copy ot a preliminsry report mada tor use ol 717!_F. USA COh1PANY OF GALVESTON COUlJ7Y only,to determine whether a fitJe insurance pofrcy can be issued. It a copyrslumished ro Mo partios to the vansachon d is fo lacilitat�s prepara�ion olthenecessaryinstruments, to poir.f out curative requirements,il any,and tr show f!;a resu!ts ol the Cnmpsny's titlo se��ch lupOn w.hiCh Unly th6 Gnrn,oany may rely.) N�ne ol tho in;ormation contained herein,or the absence o!othnr ir,lo�mat�on,consnrur�s a representa!ror,��any pa��iy othei fhan the Cornpany,a::to the status ol the title. ll a title defect or encumbrance should oxist which is not disclosed horeor.,the Comnar�y sha��r.ot be liable byreasor:or fu;nishinr,thi,^raport or(orany verbaf statements related thereto. 7he company shall��vr be IiaGle for dny tirla dAle ';,nie;s a ti:�e in�u�a�ce po;icy is herea/ter issued by it,insuring agarnst such deJect,and the epplrcaDle pramium paid tl�erole�.a�d the Cornp�ny's iiaC�tity tner;shau ox�st or.:y under;h,e!erms ol it�polir,}�(ss pre�r,ribed byihe Sta!e Bo&rd ol Insu�anca)and as measured and l�mited thereby. �; •,e�'�� t� ,'� r �E' � �J G.F. EVO. �}'': x' TI1'LE RE�Ord�' ti7—?$55 , : � ` k ' , af`��, s A .� TITLE U.riA COM4�ANY 4F C;.�t.VESTCi:� C�iJB��Y �� ` � � 62i PJlr,nclW, Suite 400 �� '' P.O. C3ox 41f3 �� , 1 �,� Galdesto�, Texas 77553 Applicant: Date: May 29, 1987 @ 8:00 A.M. CLoser : DEBBIE REED, FRIENDSWOUD EXAMINATION FROM: Records of Title USA ComFany of Galveston County SUBJECT TO: Claims of present occupants; discrepancies in area and boundaries; unpaid bills for labor; material in connection with repairs or new improvements; unpaid taxes. Cd'�R-�'�.l'.:��` . 4'��' '�• . � ��' - +��`' TITLE GOOD IN: GLADYS I. TRUCKS , CORRECT LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTRCHED HERETO AND MADE A PART HEREOF. SUBJECT T0: RESTRICTZONS: NONE OF RECORD. EASEMENTS: NONE OF RECORD. BUILDING LINES: NONE O�' RECORD. MINERALS: NONE OF RECORD. LEASES: 1vONE f'OUND QUTSTAN�INt� 0�' RECORL�. LIENS: NONE OF RrCORD. Subject ta }he Ordin�nces a� tl�� C:ity of Frien�swoo� . We must be furnished with �he rna�ital status of GI�ADYS S . Z`i,?JCKS from August 25th , 19$2, to the present time. Zf mar_x�iec�, we wi1? require the joinder of spouse , covering any and all �utstand �ng community interest . P,eturn the f ile to the Title Denaz-tr�ent for the purpose of_ checking said spouse for Abstracts of Ju�gment , State and F'ec�eral Tax Liens. The applica ' in th�s fi.le ' icates that the Record Owner(s ) are to make a loan for r 'r.ance. e must be f_�i�nished with the infnrmation as to whether or no subj`ct property is the homestead of said Rec:ord Owner. If subject pro rty is homestead, we insure this i:.ransaction only if the lien be insured is giv�n in renewal extensian of a valid ex ist ing ien f iled for record . In such inst�xnce, he arnount of the new lo can only be in the amount of the unpaid princip balance and acc ed interest of the existing lien ( s) . TITLE USA COMPANY OF GALVESTUN - -�`� �\ GLENN SZOPA, AMINER June 24, 1987 �� lr G.F. N0. 87-1855 . . , . ' .. . . . . .. . I j . � . � . �, a .Y._ ,. �.I EXHIBIT " " 'I Being a part of Lot 9 in Block 2 �f �he Subdivision o.f �'rienr�swoo�, Texa� , a part of the J. R. William:3i Le�gue , a3�ra known as the Sarah McKissick Grant, said tract beinq out of the Sauth�ast half o£ sai� Lo� 9 in Block 2 in Galveston County, Texas, mr.�re particularly described as f�llows: B�GINNING at a point on the Southeast line of. sai� Soutneast ha1£ of Lot 9, Block 2 which p�int zs 5t3 �eet sa��t��west c�f the most Ea�terly corner of said Lot 9; �kiENeE in a 5outhwesterly direction aZrnr th� Southeast 1a.ne c�f sa.id Lat 9 a distance of 140 feet to the PLAC:E �r F3EG:�NNING of t.he trc�ct herein d�scribed; THENCE in a Northwesterly direction alony a line parail�l �o thQ Northeast line of said Lot 9 a di�tance of 185 feet to point for c�rner; THENCE in a Southwesterly direction along the line parallel. to the Southeast line of said Lot 9 a distanc� of 70 feet to point �or corner; ; THENCE in a Southeasterly direction al�ng a line parallel to the �Jortheast line of said Lot 9 a distance of 185 feet to point for carner; TE3ENCE in a northeasterly direction along the Southeast line of saic� Lot 9 a distance of �0 feet to the PLACE OF BEGINNING of the tract herein described, also know as Lot 14 of HOOVE� SUBnIVISION, an unrecorded Subdivision in Galveston County, Texas. �. . � Title USA Insurance Corporation i 1301 Main St.,Dallas,Texas 75202 Texas State Board of Insurance Promulgated Form T-1:Owner Policy of Title Insurance—�Schedule A t 00TX-A(Rev_7-80)40M 1085H �r. F'. I�JJi9. �;7-1t35� P�HTETT '"��" ,_ . . . , . , , . ._�E?1 S7CJ c"i �1 a 1=t �� 'LiJ f�. � 1 ri ti5� ��:: h: < <'� � t't"1 t, :;:>�a:;t� 1'� L:;; .I.C�fl O 3 F�C I �:'�<��:W U CJ�; � "I'PX�?� � r.3 Y1aY� 02: i:f1E' J o G�. . }:"ti .! i. 1. L:�Ii;:� T F'•`;('�1.E+� p _i .I :ii� �ti.''It_;:dra z:i t�lc° �,_IC°:�f': �',�It1SS1C�C �r'cI1'1� y ;S�11C� �C�:1�:� }�;= 1t"1� Q�d?:: �>�. �".`i�F, :�� %�;�� i]f �:2C �' F?,"31t: �� ;.�c;i1s� I�O'C. . . . 9 2T7 ��.00�'; � lT'l (�c�� f�;;��C�['� l:.C)ilA1�.YY rl't�7tid<�:, s RIC:?s"� ,'��F_ P� �L;:`1,��.*;z7" } ,7 r�r! .;Ct.'�1C)��:� _.� CO�.IC7Wa : ��GId�NI�]U at a poi.nt r�n t':�� Sc�7t.�zE=�r,� �:. l .i �:r� �>i: a%s.i:� ,3�;��t . _,��;-"� �I-��lE �;€� 1=�,:,t y, F31.o�:k 2 whic"ri pc�int is 60 Ce�:�t :�:��at: 4��,,a�t. {�.f: A�t,k> ,E,� ,�>t �;,_�;,t�. :- ' y, �:��_r�e�� <<:�f :�ai.�j L�t 9tl '1'E�L:NC;E in � �,c��t.}1�F�.�:� f�crl. y <3ii�,;>c.{� ior� ,� 1_c:,rt:f t�47�-� ;>c:,�.att��>��;� �. a;�4 c:�� s.,i,: L,�t 9 a cli;�t.:�tl�E� ;:�f: ;.�0 f�e<:yt t�cy th� �`L,t10E; OF :3ht; ��,��NIC1�'� c�f (. ; >_ _ ..d <,� �, ��c�r.r,in d��.�ci:i;;e��; "I'I�E,IVCE in a hi�,r. t_tAr> >;; ;�cv;.�1 ;= �� i�_ fac�f: i<�s� �ilong ri �_ iaz�� ;��,�r_ ai �.e1 . , ,:,� Iv��Y�the��S�: 1a. �,�Fa o� �.,a :_:-p ;;:,.:�`._ � a c; ist:an<,�� c�f 1t35 f �ry�� t;� ,ac:�;;+. ` y ��>�:�r,er ; �E�Fs'NCE in a � - ` � . � , :i t�u't.�"�'� i. �� C'p, 1. ��' t� i. i:'P C t I (7 ri `d l C:�t`I � �`�'fl Ft 1 1 rl ' �:'�I:3 L't3�i. i L�L t c;` `".Yi Fi c' � i +-1 � - c: �i � "- ' .. . ... ,." - ,_ ` • � _ . � .7�J.1�:1f_:1.�� 1�I"1E_ Ci�t: Ltc31i"� �Ji. �3 r1 (� 1r��3C]Ci'_ {_i$: J(i t+�".'.�?Y� �;C� �lC'J1�"1�'. 1.L,�C� l. )_ Td::,t- F `�'�'7 F i+�lr�' 1 I'1 c{ :i(_7 l.l i.. ��i3.��. E'r' i J �1 :t.t E''C:�: 1.:.�fl �t�k ::)i F:.� cl � i S 1 ' A'.'�3� �3� �. ;=' �. �.O }=i'7 F' . .- , , . TV O r�.�7 P_ a f=�� 1 l��' C)1_ :3 d 1 S� I:r3'_ � d i? 1 '7 i.r.'C3 C',f v i)� �_��:) I t�t?T� i:'>> �)f,J 1 !�l� i�r�._' COY'i7.t'T'� �'tiE�P�ICE it� a ��vr �: �,r _;st�r �y d � �-�c•t. i «n a7 ��ri<; t.h`_� �7��_t}:.l�ac.�e�� :� i,.�_� r�f .:, A ;.,a f,C�� y i.3 (1L:i �u['1Ci:' �Jt. / �1 i:t?�`i � t7 �.�aE' }''l,f�{�I'; ti'I'' �:�1:5��_id�`� ! �`ki� +?� '`�. �,+:: .: �'-ii '.". a't E�'z"(? 1 fl i�L:�C� i�1"��(:� p ia 1 S O *" ,� r ., �• r ., y_ ;� (� i; r 7 t: a'+)13.1) � � .> � ��'"`: / � ,, .�'1:,1h u.� �(S � ) �� )._l�, I.: �..�� ? c° '� ,a��Y'c�Cc Tc:'PE:Ck S!k§::C�1�,":l.SI<:?!�. 1fz :i:�� 'JF">t'.i)R i',taltCitV, rl'C'Xc?:��, � ..._� ----_____---- ------ .. __. __ ._.- ---- ---- _ ___. ___ _ . _. __ .__ __._. g7- ��ss Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82. S7Z '902 WARRANTY DEED 005-34-1 /86. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON That WE, RAYFORD P. TRUCKS and wife, GLADYS I . TRUCKS, • of the County of Galveston and State of Texas for and in consideration of the sum of TEN AND NO/10 0 ( $10. 0 0) DOLLARS cash and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF FRIENDSWOOD of the County of Galveston and State of Texas , all of the following described real property in Galveston County, Texas, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee , its successors -ieifs-and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee ,its successors heirs-and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. _� (� n . (Acknowledgment) STATE OF TEX S COUNTY OF RY Po?t.1 04 This instrument was acknowledged U;rae"%a•tlfi-Cho.•e/' day of 19 87 by RAYFORD P P. TRUCKS a(ft; t�i f e GLkDY44 I T CK .42/..1/17, tary Public, State Texas s'l•`• otary's name(print d): 2 d , q�osP_y ()eBo�eah youNS eP Notary's commission expires: 3-La- (Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 19 , by Notary Public, State of Texas Notary's name(printed): Notary's commission expires: (Corporate Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 19 , by of a corporation, on behalf of said corporation. Notary Public, State of Texas Notary's name(printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Parkw211 TlT�E USA S 1 n riendstyg°d Drive, Suite ;CO • � texas 77546 A ' l 6z , z . \- '...-. SOU r, 'i-YESTf,PL y yd / _____ -- d SLO . h \1• p • 2 N{ co m aJ J O I-i rZ ! O' el ES jel to.¢ I ' ? V NS 0 loo ¢- W u t � "„ N Q V 4 3ff8 ' N N @ /. /¢0 p /'' , %a "/..Q. 5- \_ \ �,�s -,,� s-r --� k /.„,i, n,x"n,z7 fo A✓o. r ,PL Y 70 ' ?>,s%E�9S E £957 5PPE,9Z?/i1/6' 02,t5 Go •,e.o. w, TO THE LIENHOLDERS AND/OR THE OWNERS OF THE PREMISES SURVEYED AND TO T/r< - 4•5",4 t The undersigned does hereby certify that this survey was this day made on the ground of the OF r w property legally described hereon and is correct ,and that there are no discrepancies, p� •' •q2-1, encroachments, overlapping of improvements,easements or right of way, esoept as shown 0 -4 hereon,and that said property has access to and from a dedicated roadway. ( NEAL D.WILLINGHAM 1 /Doted this the day of cTv�y , 18 8T 4104 1.0•. a �� L��of C•i s T E F`c-?'.:O, SIGNED: /C..SU�V NEAL D. WILLING , R.P.S. 4t 41 '-'� B.L. DENOTES BUILDING LINE. • 005-34-I T;4; . . G.F. NO. 87-1855 • EXHIBIT °A" Being a part of Lot' 9 in Block 2 of' the Subdivision of Friendswood, Texas , a part of the J. R. Williams League, also known: as the Sarah McKissick Grant,';'said, tract being out of the Southeast halE.` of said -Lot '. , 9 in Block 2 ;in"Gal eston County, Texas, more particularly .described aa ., ' follows: , + BEGINNING at a point ' on the Southeast line of said Southeast half of Lot 9, Block 2 which point is 60 feet southwest of the most Easterly corner of said Lot 9; THENCE in a Southwesterly direction along the Southeast line of said Lot 9 a distance of 140 feet to the PLACE OF BEGINNING of the tract herein described; THENCE in a Northwesterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a Southwesterly direction along the line parallel to the Southeast line of said Lot 9 a distance of 70 feet to point for corner; THENCE in a Southeasterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a northeasterly direction along the Southeast line of said Lot 9 a distance of 70 feet to the PLACE OF BEGINNING of the tract herein described , also know as Lot 14 of HOOVER SUBDIVISION, an unrecorded Subdivision in Galveston County, Texas. CORD S i ATE OF TEXAS COUNTY OF GALVESTON r�LFD FOR R� I hereby certify that this instrument was filed uu �� on the date and time stamped hereon by me and 3 ie F f► was duly recorded in the Official Public Records JUL of Real Property of Galveston County Texas,on • t ,/t,.l 0- {F• JUL 7. 1987 ;)4: GOcaoiJ�#1 T. � ; 7410,644. keg COUNTY CLERK ` .�. GALVESTON CO.,TEXAS t or- H & Ii Surveying Inc . Houston , Texas FIELD NOTES Being a part of Lot 9 in BlocK 2 of the 'Subdivision of Friend woc:d Texas , a s. part of the J. R. Williams League , also Known as the Sarah McKiss icK Grant , said tract being out of the Southeast half of said Lot 9 in BlocK 2 in Galveston County , Texas , and being more particularly described as follows : nMMENCING at a point on the Southeast line of said Southeast half of Lot 9, BlocK 2 which point is 60.00 feet southwest of the most Easterly corner of said Lot 9; THENCE in a Southwesteri; direction - along the Southeast line of said Lot 9 a distance of 140.00 feet to 1/2"iron rod set for the PLACE OF BEGINNING of the tract herein described; THENCE in a Northwesterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185.00 feet to a 1/2" iron rod s et for corner; THENCE in a Southwesterly direction along the line parallel to the Southeast line of said Lot 9 a distance of 70.00 feet to a 1/2" iron rod set for corner; THENCE in a Southeasterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185.00 feet to a 1/2" iron rod set for ;corner THENCE in a Northeasterly direction along the Southeast line of said Lot 9 a distance of 70 feet to the PLACE OF BEGINNING of the tract here in described , also Known as Lot 14 of HOOVER SUBDIVISION, an unr eL_or d_d Subdivision in Galveston County , Texas . ^0 Tur; , � 7 POF jE JOB#152S �' jft '•.c ! NEM..............................NGH4N� ), ,p. 0 0 •O� .9'e. r S T��y4 s G. F. NO. 87-1855 EXHIBIT +11 Being a part of Lot 9 in Block 2 of the Subdivision of Friendswood, Texas , a part of the J . R. Williams League , also known as the Sarah McKissick Grant, said tract being out of the Southeast half of said Lot 9 in Block 2 in Galveston County, Texas , more particularly described as follows : BEGINNING at a point on the Southeast line of said Southeast half. of Lot 9, Block 2 which point is 60 feet southwest of the most Easterly corner of said Lot 9; THENCE in a Southwesterly direction along the Southeast line of said Lot 9 a distance of 140 feet to the PLACE OF BEGINNING of the tract herein described; THENCE in a Northwesterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a Southwesterly direction along the line parallel to the Southeast line of said Lot 9 a distance of 70 feet to point for. corner; THENCE in a Southeasterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a northeasterly direction along the Southeast line of said Lot 9 a distance of 70 feet to the PLACE OF BEGINNING of the tract herein described , also know as Lot 14 of HOOVER SUBDIVISION, an unrecorded Subdivision in Galveston County, Texas . • • G. F. NO. 87-1855 EXHIBIT "A" Being a part of Lot 9 in Block 2 of the Subdivision of Friendswood , Texas , a part of the J . R. Williams League , also known as the Sarah McKissick Grant, said tract being out of the Southeast half of said Lot 9 in Block 2 in Galveston County, Texas , more particularly described as follows: BEGINNING at a point on the Southeast line of said Southeast half of Lot 9, Block 2 which point is 60 feet southwest of the most Easterly corner of said Lot 9; THENCE in a Southwesterly direction along the Southeast line of said Lot 9 a distance of 140 feet to the PLACE OF BEGINNING of the tract herein described; THENCE in a 14orthwesterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a Southwesterly direction along the line parallel to the Southeast line of said Lot 9 a distance of 70 feet to point for corner; THENCE in a Southeasterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a northeasterly direction along the Southeast line of said Lot 9 a distance of 70 feet to the PLACE OF BEGINNING of the tract herein described , also know as Lot 14 of HOOVER SUBDIVISION , an unrecorded Subdivision in Galveston County, Texas. - • • • -to? • G.F. NO. 87-1855 EXHIBIT "A" 4<. ti if R j ` , < Being a part• of Lot" 9 ' in Block 2 of the Subdivision of Friendswood, • Texas, a part - of . the J. R. Williams League, also known` as • the Sarah . , McKissick Grant, saidAract being out of the Southeast half.'.of said:FLot 9 in Block 2' in?Gal veaton Cqunty, Texas, more particularlydescr$bedash•, ,.. followss r p yF Ic • w, 'e BEGINNING at a'' point' on the Southeast line of said Southeast half of • Lot 9, Block 2. which point :is 60 feet southwest of the most Easterly corner of said , Lot 9; THENCE in a Southwesterly direction along the Southeast line of said Lot 9 a distance of 140 feet to the PLACE OF BEGINNING of the tract herein described; THENCE in a Northwesterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a Southwesterly direction along the line parallel to the Southeast line of said Lot 9 a distance of 70 feet to point for corner; THENCE in a Southeasterly direction along a line parallel to the Northeast line of said Lot 9 a distance of 185 feet to point for corner; THENCE in a northeasterly direction along the Southeast line of said Lot 9 a distance of 70 feet to the PLACE OF BEGINNING of the tract herein described , also know as Lot 14 of HOOVER SUBDIVISION, an unrecorded Subdivision in Galveston County, Texas. • GO EARNEST MONEY CONTRACT—COMMERCIAL IMPROVE D PROPERTY • THIS CONTRACT FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUSION BOARD OF REALTORS, BY ITS LEGAL COUNSEL,AN ATTORNEY AT LAW LICENSED IN TEXAS,AND APPROVED FOR USE IN A TRANSACTION INVOLVING THE SALE OF COMMERCIAL IMPROVED PROPERTY. SUCH APPROVAL RELATES TO THIS CONTRACT FORM ONLY.THIS FORM HAS NOT BEEN DRAFTED FOR A SPECIFIC TRANSACTION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.TERMS AND PROVISIONS THAT ARE NOT APPLICABLE SHOULD BE STRICKEN BY THE PARTIES.THE PARTIES ARE ADVISED TO CONSULT THEIR ATTORNEYS BEFORE SIGNING. 1. PARTIES• Rayford P. Trucks and wife Gladys I. Trucks (Seller) agrees to sell and convey to ('i ty of Fri endsunnal (Buyer) and Buyer agrees to buy from Seller the following property for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. PROPERTY: A tract of land situated in Galveston County, Texas, together with all buildings, improvements, fixtures, and all property of every kind and character and description owned by Seller located on, attached to,or used in connection with the Property; and all privileges, and appurtenances pertaining thereto including any right, title and interest of Seller in and to adjacent streets, alleys, or rights-of-way, Seller's interest in and to all leases or rents, and security deposits, Seller's interest in and to all licenses and permits with respect to the Property,Seller's interest in all service,maintenance,management or other contracts relating to the ownership or operation of the Property,Seller's interest in all warranties or guaranties relating to the Property or to any tangible personal property and fixtures located on,attached to,or used in connection with the Property,and Seller's interest in any trade names used in connection with the Property;all of the above hereinafter collectively called"Property",described as follows and/or as set out on Exhibit"A"attached hereto and incorporated herein: Lot 14 — Hoover Slrhdivision, Friendswood, Texas, .Galveston County, being 112 East Spreading Oaks — • The metes and bounds description determined by the survey of the Property hereinafter provided for will replace Exhibit "A" attached hereto in the event it should differ from the attached exhibit.Any property to be excluded from this sale should be set forth under Special Provisions below. 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 60,000,00 B. Sum of all notes described in Paragraph 4 below $ C. Sales Price (Sum of A and B) $ 60,000.00 • 4. FINANCING: 0 A. SUBJECT TO: Buyer takes subject to, and does not assume payment of, the unpaid balance of that promissory note to N/A dated , and does not assume those obligations imposed by the Deed of Trust,securing payment of said note,recorded in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The principal balance at closing will be $ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Should this not be acceptable to the note holder, or if the variance exceeds the amount above, or of the note or deed of trust or interest rate be modified, or should Buyer be required to pay a transfer fee in should the termsYe excess of$ , this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. N/A 0 B. ASSUMPTION: Buyer shall assume the unpaid balance of that promissory note payable to dated , and those obligations imposed by the Deed of Trust recorded in Volume ,Page of the Deed of Trust Records in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing.The assumed principal balance at closing will be$ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer shall apply for assumption approval within days from the effective date hereof and shall make every reasonable effort to obtain the same.If the variance exceeds the above amount, or the existing interest rate is increased above %,or any other terms are modified,or Buyer is required to pay an assumption fee in excess of$ ,or assumption approval cannot be obtained within days from the effective date hereof,this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. N/A 0 C. THIRD PARTY FINANCING: This Contract is subject to approval of a loan for Buyer by a third party in the amount of $ payable in installments for not less than years with the interest rate not to exceed per annum,and with each principal and interest installment not to exceed$ ,0 including interest 0 plus interest. Buyer shall apply for the loan within days from the effective date hereof and shall make every reasonable effort to obtain approval. If the loan has not been approved within days from the effective date hereof, this Contract shall terminate and the Earnest Money shall be refunded to Buyer. N/A ❑ D. SELLER FINANCING:Buyer shall execute a promissory note to Seller in the principal sum of$ ,bearing % interest per annum, and payable: (Check 1, 2, 3 and/or 4 below) D (1) In full on the day of , 19 ,with accrued interest being due and payable • C (2) In 0 monthly 0 annual D other: installments of$ , ❑ including interest 0 pi.is interest each,beginning on the day of , 19 ,and continuing regularly thereafter until the day of , 19 ,when the entire amount of principal and interest then remaining unpaid, shall be then due and payable. N/A 0 (3) Interest only in 0 monthly 0 annual ❑ other: installments of$ beginning on the day of , 19 , and continuing regularly thereafter'.' i - day of , 19 , and thereafter in 0 monthly 0 annual 0 other: installments of$ , 0 including interest 0 plus interest, beginning on the day of , 19 , and continuing regularly thereafter until the day of , 19 , when the entire amount of principal and interest then remaining unpaid shall be due and payable. N/A 0 (4) The Note shall provide for no personal or corporate liability in the event of a default, it being understood that the holder of the Note may look only to the security provided by the Deed of Trust and retained vendor's lien to enforce the payment of the indebtedness. N/A 0 (5) The Deed of Trust securing payment of the Note shall provide that if all or any part of the Property or an interest therein is sold or transferred by Buyer without the prior written consent of the holder of the Note, the holder of the Note may, at its option, declare all the sums secured by the Deed of Trust to be immediately due and payable. Any Seller financed note may be prepaid in whole or in part at any time without penalty.Any prepayments are to be applied toward the payment of the installments of principal last maturing,but interest shall immediately cease upon amount of principal prepaid.The lien securing payment of such note will be inferior to any lien securing any loan assumed, taken subject to or given in connection with third party financing. Each note herein provided shall be secured by Vendor's and Deed of Trust liens and assignment of leases.A Vendor's Lien and Deed of Trust to secure any assumption,or Buyer's performance if taken subject to,shall be required,which lien shall be automatically released on execution and delivery of a release by noteholder. In case of dispute as to the form of the Deed, Note(s),or Deed of Trust(s),forms prepared by the State Bar of Texas shall be used. Each note herein provided shall contain provision for acceleration of maturity in the event of default and for the payment of reasonable attomey's fees if the note is placed in the hands of an attorney for collection. 5. EARNEST MONEY:As a condition precedent to the validity of this Contract,$ 1 ,nnn f nn is herewith tendered and is to be deposited as Earnest Money with Title U.S.A. , Friendsweod as Escrow Agent,and placed in an interest bearing account, upon execution of the Contract by both parties. 6. CLOSINC• The closing of the sale(the "Closing Date")shall take place at the Title Company on or before June 30 1937 unless such date is changed in writing by Seller and Buyer, or otherwise extended as herein provided. A. At the closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, the following: (1) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens,encumbrances,conditions,easements,assessments,reservations and restrictions,except as permitted herein and/or approved by Buyer in writing; (2) An Owner's Policy of Title Insurance (the "Title Policy") issued by Title U.S.A. (the Title Company) in the full amount of the Sales Price, dated as of closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however: (a)the exception as to area and boundaries 0 shall not be deleted 0 shall be deleted except for"any shortages in area" and if deleted, such deletion shall be an expense of N/A (b)the exception as to restrictive covenants shall be endorsed "None of Record", unless any existing restrictive covenants are approved by Buyer; (c) the exception as to taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership; (3) A Bill of Sale containing warranties to title, conveying title, free and clear of all liens, to any personal property specified herein and an assignment of leases, prepaid rents, security deposits, and trade name, and to the extent assignable, licenses and permits, maintenance, management or other contracts, warranties or guaranties, duly executed by Seller; (4) A current rent roll duly certified by Seller; (5) If requested by Buyer,to the extent assignable,an assignment of any one or more of the insurance policies held by Seller pertaining to the Property, duly executed by Seller; (6) Furnish evidence of its capacity and authority for the closing of this transaction; (7) Execute all other necessary documents to close this transaction. B. At the closing, Buyer shall perform the following: (1) Pay the cash portion of the Sales Price; (2) Execute the note(s) and deed(s)of trust provided for herein; (3) Furnish evidence of its capacity and authority for the closing of this transaction; (4) Furnish to Seller and/or Third Party Lender, at Buyer's expense, a mortgagee's policy issued by Title Company for the benefit of the holder(s)of the deed(s)of trust provided for herein; (5) Execute all other necessary documents to close this transaction. (6 ome ue an pays a er e of-closing. 7. FEASIBILITY STUDY AND INSPECTION: Buyer 0 is 0 is not granted the right to conduct an engineering, and/or market and economic feasibility study("Feasibility Study")of the Property, and a physical inspection ("Inspection")of all improvements, fixtures, mechanical equip- ment,and personal property being sold hereby.In the event Buyer is granted such right Buyer shall have Wa i VPl days from the effective date hereof to perform such study and inspection and in this regard, Buyer or his designated agents may enter upon the Property for purposes of such analysis, or other tests and inspections which may be deemed necessary by Buyer. If Buyer determines, in his sole judgment, that the Property is not suitable for any reason for Buyers intended use or purpose,or is not in satisfactory condition,then Buyer may,on written notice to Seller, on or before days from the effective date hereof, terminate this agreement, and it shall be null and void for all purposes and the Earnest Money shall be returned to Buyer. If the written notice is not given to Seller within such period, this condition and any and all objections with respect to the Feasibility Study and Inspection shall be deemed to have been waived by Buyer for all purposes. In the event this Contract shall not close, through no fault of Seller, Buyer shall restore the Property to its original condition, if changed due to the tests and inspections performed by Buyer, and shall provide Seller with a copy of the results of any tests and inspections made by Buyer, excluding any market and economic feasibility studies. The study/inspection shall be at buyer's expense. 8. BROKER'S FEE: N/A Listing Broker ( %) and N/A — .. 10. SPECIAL PROVISIONS: Two (2) small buildings on rear of property to remain. (Insert factual statements and business details applicable to this sale.) 11. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. SELLER'S EXPENSES: All costs of releasing existing loans and recording the releases;Owner's Title Policy; survey; tax statements; 1/2 of any escrow fee; preparation of Deed; other expenses stipulated to be paid by Seller under other provisions of this Contract. B. BUYER'S EXPENSES: All expenses incident to any loan (e.g., loan procurement fees, preparation of Note, Deed of Trust, and other loan documents,recording fees,Mortgagee's Title Policy,prepayable interest,credit reports); 1/2 of any escrow fee;copies of restrictions,easements, reservations, or conditions affecting the Property; and expenses stipulated to be paid by Buyer under other provisions of this Contract. 12. PRORATIONS: Insurance (at buyers option), interest on any debt assumed or taken subject to, assessments, current taxes, and any rents, and maintenance fees shall be prorated at the date of closing. No proration shall be made for delinquent rents existing as of Closing Date, which rents Seller shall be responsible for collecting. At the closing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller by tenants of the Property for periods subsequent to the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year, with a subsequent cash adjustment of such proration to be made between Seller and Buyer, if necessary,when actual tax figures are available.If Buyer is assuming payment of or taking subject to any existing loan on the Property,all reserve deposits for the payment of taxes,insurance premiums,or other charges shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits.Any special assessments applicable to the Property for improvements previously made to benefit the Property shall be paid by Seller. Seller shall pay to Buyer at closing in cash the amount of any deposits paid to Seller by tenants of the Property, including but not limited to, all rental security, cleaning, utility, key, damage, and other deposits. All other income and ordinary operating expenses of the Property,including but not limited to,public utility charges,maintenance,management,and other normal operating charges shall be prorated as of the date of closing. 13. TITLE APPROVAL: Seller shall deliver to Buyer within twenty(20)days from the date of this Contract a Commitment for Title Insurance(the "Commitment")and,at Buyer's request,legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commit- ment. If Buyer has an objection to items disclosed in such Commitment or survey provided for herein, Buyer shall have fourteen(14)days after receipt of each such instrument to make written objections to Seller. If Buyer or third party lender makes such objections or if the objections are disclosed in Commitment,survey or by the issuer of the Title Policy,Seller shall have thirty(30)days from the date such objections are disclosed to cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure such objection, if any. If the objections are not satisfied within such time period, Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive the unsatisfied objections and close the transaction. 14. DEFAULT: Unless otherwise previded for herein, if Buyer fails to comply herewith, Seller may either(i)enforce specific performance and seek such other relief as may be provided by law, or (ii) terminate this Contract and receive the Earnest Money as liquidated damages, one-half of which(but not exceeding the herein recited Broker's fee)shall be paid by Seller to Broker in full payment of Broker 's services.The Broker's fee is payable only if and when Seller enforces specific performances, collects damages for such default by suit, compromise, settlement,or receives the Earnest Money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either(i)enforce specific performance hereof and seek such other relief as may be provided by law, or(ii)terminate this Contract and receive the Earnest Money. Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer. 15. ATTORNEY'S FEES:Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to the Contract or transaction shall be additionally entitled to recover court costs and reasonable attomey's fees from the non-prevailing party. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (i) is not a patty to this Contract and does not assume or have any liability for performance or non-performance of any party and (ii)has the right to require from all signatories a written release of liability of the Escrow Agent,termination of the Contract and authorization to disburse the Earnest Money.At closing,Earnest Money and accrued interest shall be applied to any cash down payment required,next to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and the Escrow Agent will pay the same to the creditors entitled thereto. 17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows,which representations and warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shall survive the closing: A. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or tresspassers except tenants under the written leases delivered to Buyer pursuant to the Contract; B. There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property,or any part thereof,nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; C. Seller is the fee simple owner of the title to the Property and is duly authorized and empowered to sell said Property; D. Seller has paid, through the current year, all taxes, charges, debts, and other assessments due by the Seller with respect to the Property; I J. The Property is not being used and Seller has no knowledge that it has ever been used for the storage or disposal of any hazardous or toxic marcri K. To the best of Seller's knowledge, no fact or condition exists which would result in the termination of the current access from the Property to any presently existing highways and/or roads adjoining or situated on the Property,or to any existing sewer or other utility faciltiies servicing, adjoining, or situated on the Property; L. Seller shall not further encumber,or allow the encumbrance of, the title to the Property,or modify the terms or conditions of any existing encumbrances, if any, without the written consent of Buyer; M. Seller has no knowledge of any pending or contemplated change in any statute,ordinance,rule or other governmental regulation applicable to the Property,or any action pending or threatened by any governmental body, adjacent landowners or other persons,or of any condition upon or affecting the Property, any of which would result in any material change in the condition of the Property, or in any way limit the use of the Property; N. Seller has not received, and has no other knowledge of any notice from any insurance company requesting the performance of any work regarding the Property or relating to an increase in the insurance premiums applicable to the Property; O. Seller has all necessary licenses and permits required by any and all statutes, ordinances, rules or other governmental regulations for the use and operation of the Property; P. All obligations of Seller arising from the ownership and operation of the Property and business operated thereon, including, but not limited to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed, there will be no obligations of Seller with respect tc the Property outstanding as of the Closing Date; Q. Each Lease furnished to Buyer pursuant to this Contract is in full force and effect, and has not been amended or modified in any way that has not been disclosed to Buyer in writing. Such Leases constitute all of the written and oral agreements of any kind for the leasing, rental, or occupancy of any portion of the Property. To the best of Seller's knowledge Seller has performed and complied with all its obligations under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landlord or lessor under any of the Leases,or entitle any tenant thereunder to offsets or defenses against the prompt,current payment of rent thereunder. Each tenant under the Leases actually occupies the premises leased thereunder. Except as expressly disclosed to Buyer in writing on the rent rolls furnished to Buyer pursuant to this Contract,no rental under any lease has been collected in advance of the current month,and except as so disclosed to Buyer in writing on such rent rolls,there are no concessions,bonuses,free months rental,rebates,or other matters affecting the rental for any tenant thereunder. Seller is the owner of the entire lessor's interest in and to each of the Leases and none of the Leases or the rentals or other sums payable thereunder has been assigned or otherwise encumbered, except as security for loan(s)assumed or taken subject to as provided herein.To the best of Seller's knowledge, no tenant under any of the Leases is in default thereunder; R. There are no attachments, executions, assignments for the benefits of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property; S. Seller knows of no repairs that need to be made to the Property and has no knowledge of any latent structural defects or any other defects of the Property, except for the following: • THIS COVENANT IS NOT INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER WITH RESPECT TO THE PROPERTY. If any representation or warranty above is known by Buyer,prior to closing,to be untrue and is not remedied by Seller prior to closing,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer,and neither party shall have any further rights or obliga- tions pursuant to this Contract, or(ii) waive its objections and close the transaction. 18. AGREEMENTS OF SELLER: A. Seller agrees to deliver to Buyer within five (5) days of the effective date of this Contract copies of the following: (i) A current rent roll acceptable in form to Buyer and certified by Seller to be true and correct as of the date of delivery; (ii) All Leases pertaining to the Property, including any and all modifications, supplements, or amendments thereto; (iii) A current inventory of all tangible personal property and fixtures owned by Seller and located on, attached to,or used in connection with the Property, certified by Seller to be true and correct as of the date of delivery; (iv) Note(s), Deed(s) of Trust and other loan documents pertainingto loan(s) assumed or taken to; subject , (v) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; • (vi) All warranties and guaranties relating to the Property, or any part thereof, or to the tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, if available; • (vii) All fire, hazard, liability, and other insurance policies held by Seller on the Property; (viii) All of the most recent real estate and personal property tax statements with respect to the Property; (ix) All leasing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer pursuant to paragraph hereof; (x) The "as-built" plans and specifications with respect to the Property, if available; • (xi) Information on utility and repair expenses incurred by Seller for operation of the Property for each month for the preceeding two(2)years; (xii) A true and correct statement of income and expenses for the Property from N/A to N/A Buyer shall have 15 days from the date of delivery of the above required information to review such information.if Buyer objects to any matters contained therein,Buyer may within the above time period(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii) waive such objections and close the transaction. Seller agrees to deliver to Buyer at least seven(7)days prior to the Closing Date an estoppel certificate dated and executed not earlier than ten(10)days prior to the Closing Date by each of the tenants under the leases stating that as of the Closing Date(1)no default exists under the terms of the lease agreement by either landlord or tenant; (2) the amount of any rental payments made in advance, if any; (3) the amount of any security deposits made, if any; (4)that the tenant has no defenses or offsets against the payment of rent accruing under the terms of the lease agreement; and (5) a warranty by Seller that said Leases are in full force and effect and that there are no defaults thereunder. If any tenants assert defenses or oftsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately notify Seller in writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event Seller is unable to do so by Closing Date, Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive such objections and close the transaction. R Frnm r{ ofiperiwg. Sara n(rhic Cnnrrarr until rk, 1__Incino Flat, nr,arIinr r,rminarinn n(ride (nnrrorr Qallar c{�all• (iv) Not enter into any written or.oral service contract or other agreement with respect to the Property that will not be fully performed by Seller on or before the Closing Date,or that will not be cancellable by Buyer without liability on or after the Closing Date,without the prior written consent of Buyer; (v) Not enter into, or alter, amend, or otherwise modify, or supplement any Lase without the prior written cqnsent of Buyer; (vi) Not grant any bonus, free month's rental, rebate or other concession to any present or future tenant of the Property; (vii) Advise Buyer promptly of any litigation,arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller becomes aware, concerning or affecting the Property which is instituted or threatened after the date hereof; (viii) Keep, observe, and perform all its obligations under the loan(s) assumed or taken subject to; (ix) Not take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants, and agreements of Seller contained in this Contract. 19. USE OF PROPERTY: Seller 0 has O has nor claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad valorem taxes on the Property, and if so, Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit and after the purchase is closed, Buyer changes the use of the Property and the same results in the assessment of additional taxes, such additional taxes will be the obligation of the Buyer. The representation herein shall survive closing. 20. PROPERTY SURVEY:Within 15 days from effective date hereof,Seller,at Seller's sole cost and expense,shall cause to be delivered to Buyer a current plat or survey of the Property,prepared by a surveyor acceptable to the parties and the Title Company closing this transaction. The survey shall certify to the Buyer and Title Company that: (i)the survey was made and staked on the ground;(ii)the plat shows the location of all improvements, highways,streets, roads, railroads, rivers, creeks, or other waterways, fences,easements, and rights-of-way on or adjacent to the Property,if any;(iii)there are no visible discrepancies,conflicts,or encroachments except as shown on the survey plat;(iv)the Property does not lie in the 100 year flood plain as established by the U. S. Army Corp of Engineers or any other governmental body; (v) the survey plat is a true, correct, and accurate representation of the Property; and (vi) the survey sets forth the number of total acres/square feet comprising the Property,together with a metes and bounds description thereof. All easements and rights-of-way shall be referenced to the recording information applicable to the documents creating such easements or rights-of-way which have been recorded with the County Clerk of the County in which the Property is located.The survey shall locate and mark all corners and angles of the Property's perimeter on the ground with permanent,buried iron surveyor's stakes. 21. CONDEMNATION: If prior to Closing Date condemnation proceedings are commenced against any portion of the Property, Buyer may, at its option,terminate this agreement by written notice to Seller within_WA days after Buyer is advised of the commencement of condemnation proceedings and the earnest money shall be refunded to Buyer,or Buyer shall have the right to appear and defend in such condemnation pro- ceedings,and any award in condemnation shall,at the Buyers election,become the property of Seller and reduce the purchase price by the same amount or shall become the property of Buyer and the purchase price shall not be reduced. 22. CASUALTY LOSS: Risk of loss by damage or destruction to the Property prior to the closing shall be borne by Seller. In the event any such damage or destruction is not fully repaired prior to closing, Buyer, at its option, may either (i) terminate this Agreement, in which event the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract,or(ii)elect to close the transaction, in which event Seller's right to all insurance proceeds resulting from such damage or destruction shall be assigned in writing by Seller to Buyer. 23. MISCELLANEOUS: • A. Any notice required or permitted to be delivered hereunder shall be deemed received when personally delivered or sent by United State mail, postage prepaid,certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of such party hereto. B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. C. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives, successors, and assigns. D. In case any one or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal,and unenforceable in any respect, such invalidity, tllegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter and cannot he changed except by their written consent. F. Time is of the essence of this Contract. 3. Words of any gender used in this Contract shall be held and construed to include any other gender,and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. H. In accordance with the requirements of the Texas Real Estate License Act, Buyer is hereby advised by Broker:(1)that it should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection,and(2) that unless otherwise agreed to in writing by the parties hereto, Broker and Co-Broker are being paid by Seller and are representing Seller • in this transaction. 24. ASSIGNMENT: ❑ A. Buyer may not assign this contract. ❑ B. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the assignee shall assume in writing all the obligations of Buyer hereunder. 25. 10 TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's signature hereto and delivered to Buyer by 5:00 P.M., the day of o7� , 1987 , this offer to purchase shall be null and void and all parties hereto shall stand relieved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer. 26. CONSULT YOUR ATTORNEY: T'hrs is intended to be a legally binding cotract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT, ORTAX CONSEQUENCES Q NCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO.THESE ARE QUESTIONS FOR YOUR ATTORNEY. Q CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot giveyou legal advice — onl y factual and business details concerning land and imn�rwr•mrnrc g EXECUTED in multiple originals effective the day of , 19 . (Fill in date last party signs.) ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PARTIES. None X�/ v Listing Broker License No. Seller By X Se er None 112 E. Spreading Oaks 482-7445 Co-Broker License No. Seller's Address Phone No. By City of Friendswood Buyer Receipt of$ Earnest By' Pi ,s c • Money is acknowledged in the form Buyer Ralph L. Lowe of 108 Willowick, Friendswood, Tx. 482-3323 Buyer's Address Phone No. Escrow Agent By SeLLen t 4. coat off .1,aLe gating co41 (e nt ed) //2 6. Spn.eadi.n. Oalm. 3•ue.nd&voo4 7excu 77546 6tcnow flee. I 60.00 lax Cen.agicate. 50.00 Notany and n.econding 25.00 Legal ffeen (deed conveying pnopeiy).. /00.00 SW vey 200.00 Ownem 482.00 l aon,aL.ion of #axes. //7.00 64,t.imated claming. coVA. S/, 029.00 -7' cis `k)-(244 s e FORM 2252 TEXAS—NEW MEXICO POWER COMPANY APPLICATION FOR SERVICE NAME (Last, First) r ^1 SOCIAL SECURITY NUMBER G 11 Vin I e t1 icNit i cd o od 1 SERVICE ADDRESS I I I I I IS i f CrP�ICIt� I I n 1 Da KI I I I I I I I I I I I I I I I CITY f STATE ZIP CODE TELEPHONE NUMBERJ I_ r _ I 1 ri 'I IC2146.SI I�t:�il I I I I I 1� 71 76 p 1 /13 �l i za.C'71(oi r DRIVERS LICENSE NUMBER AND STATE MAILING �ADDRESS �IF DIFFERENT THAN ABOVE Mi]l 111 ) I ( Ikif ICiki I it it it l it I I 1 III I 1 I 1 I CITY STATE ZIP CODE Q� 1�1 AM rl 1 I0'1n181 Jl1k OI OI� I I 1 I 1 TI 1 71511140 IS REQUIRED S l/�� FOR OFFICE USE ONLY YOUR RIGHTS AS A CUSTOMER ❑ METER HISTORY ❑ SECURITY DEPOSIT INFO ❑ PA/AO ❑ PREMISE NUMBER TENANT NUMBER CUSTOMER DEPOSIT DATA WORK BY & DATE Dote Issued: No. Amt. EMPLOYEE CODE ❑ SALES TAX INFORMATION LIFE SUPPORT CODE ❑ CITY ❑ ELDERY PAY CODE ❑ STATE ❑ LIHEAP CODE ❑ COUNTY ❑ OWNER CODE ❑ TAX CERTIFICATE DATE FIXED DUE DATE SERVICE CONTRACT SERVICE FROM TEXAS-NEW MEXICO POWER COMPANY DATE The undersigned ("Customer")hereby makes application and agrees to take electric service from Texas-New Mexico Power Company ("Company") at the location shown above or any other location on premises occupied or designated by Customer, and agrees to pay the Company at its office for all such service furnished at the rate provided in the Company's tariffs as filed with and approved by the Public Utility Commission of Texas or the New Mexico Public Service Commission. In accepting such electric service, Customer understands and agrees that such service is subject to the ap- plicable Service Rules&Regulations of the Company, as filed with and approved by the appropriate state regulatory commission, and are part of this Agreement as if fully set out herein. The Service Rules & Regulations are on file and available to Customer for inspection at the Company's offices. This contract, including the tariff made a part hereof, shall at all times be subject to such changes or modifications as shall be ordered from time to time by any legally constituted regulatory body having jurisdiction to require such changes or modifications.Customer will receive notice in accordance with the applicable Commission's requirements when Company is requesting the Commission to take action which could cause a change in the terms of this contract. Customer agrees to furnish and secure for the Company all necessary rights of way and permits for the performance of the Agreement. Customer hereby grants to the Company a general easement for the installation, maintenance, operation, renewal, and removal of Company facilities required to provide service hereunder. Company shall not be liable to Customer for any damage to shrubbery, trees, flowers, or improvements including driveways or walkways located where service is routed,when such damage occurs during the course of construction,maintaining, removing, repairing or improving the facility owned by Company. Customer hereby agrees to bear any material, labor,or other expenses involved due to changes which Customer has effected,when such expenses are required to restore the electrical facilities to a condition that will meet all applicable national and local codes, as well as Company requirements. Customer acknowledges that Customer has received the booklet entitled "Your Rights as a Customer"and has been informed by the Company and has an understanding of the Company's policies and procedures concerning deposits and deposit refunds as applicable. ACCEPTANCE: TEXAS—NEW MEXICO POWER COMPANY �' BY " � DATE CUSTOMER AP. /0/be_ E EARNEST MONEY CONTRACT-COMMERCIAL IMPROVED PROPERTY • THIS CONTRACT FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUSTON BOARD OF REALTORS,BY ITS LEGAL COUNSEL,AN ATTORNEY AT LAW LICENSED IN TEXAS,AND APPROVED FOR USE IN A TRANSACTION INVOLVING THE SALE OF COMMERCIAL IMPROVED PROPERTY. SUCH APPROVAL RELATES TO THIS CONTRACT FORM ONLY.THIS FORM HAS NOT BEEN DRAFTED FOR A SPECIFIC TRANSACTION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.TERMS AND PROVISIONS THAT ARE NOT APPLICABLE SHOULD BE STRICKEN BY THE PARTIES. THE PARTIES ARE ADVISED TO CONSULT THEIR ATTORNEYS BEFORE SIGNING. 1. PARTIES• Hayford P. Trucks and wife Gladys I. Trucks (Seller) agrees to sell and convey to City cif 1 ri Pncis d (Buyer) and Buyer agrees to buy from Seller the following property for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. PROPERTY: A tract of land situated in Galveston County, Texas, together with all buildings, improvements, fixtures, and all property of every kind and character and description owned by Seller located on, attached to,or used in connection with the Property; and all privileges, and appurtenances pertaining thereto including any right, title and interest of Seller in and to adjacent streets, alleys, or rights-of-way, Seller's interest in and to all leases or rents, and security deposits, Seller's interest in and to all licenses and permits with respect to the Property,Seller's interest in all service,maintenance,management or other contracts relating to the ownership or operation of the Property,Seller's interest in all warranties or guaranties relating to the Property or to any tangible personal property and fixtures located on,attached to,or used in connection with the Property,and Seller's interest in any trade names used in connection with the Property;all of the above hereinafter collectively called"Property",described as follows and/or as set out on Exhibit"A"attached hereto and incorporated herein: Lot 14 — Hoover Snh1ivision, Friendswood, Texas, Galveston County, being 112 East Spreading Oaks — The metes and bounds description determined by the survey of the Property hereinafter provided for will replace Exhibit "A" attached hereto in the event it should differ from the attached exhibit.Any property to be excluded from this sale should be set forth under Special Provisions below 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 60,000.00 B. Sum of all notes described in Paragraph 4 below $ C. Sales Price (Sum of A and B) $ 60,000.00 4. FINANCING: ❑ A. SUBJECT TO: Buyer takes subject to, and does not assume payment of, the unpaid balance of that promissory note to - N/A dated , and does not assume those obligations imposed by the Deed of Trust,securing payment of said note,recorded in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The principal balance at closing will be $ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Should this not be acceptable to the note holder, or if the variance exceeds the amount above, or should the terms of the note or deed of trust or interest rate be modified, or should Buyer be required to pay a transfer fee in excess of$ ,this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. N/A 0 B. ASSUMPTION: Buyer shall assume the unpaid balance of that promissory note payable to dated , and those obligations imposed by the Deed of Trust recorded in Volume , Page of the Deed of Trust Records in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing.The assumed principal balance at closing will be$ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer shall apply for assumption approval within days from the effective date hereof and shall make every reasonable effort to obtain the same.If the variance exceeds the above amount, or the existing interest rate is increased above %, or any other terms are modified, or Buyer is required to pay an assumption fee in excess of$ ,or assumption approval cannot be obtained within days from the effective date hereof,this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. N/A 0 C. THIRD PARTY FINANCING: This Contract is subject to approval of a loan for Buyer by a third party in the amount of $ payable in _ installments for not less than years with the interest rate not to exceed per annum,and with each principal and interest installment not to exceed$ ,0 including interest 0 plus interest. Buyer shall apply for the loan within days from the effective date hereof and shall make every reasonable effort to obtain approval. If the loan has not been approved within days from the effective date hereof, this Contract shall terminate and the Earnest Money shall be refunded to Buyer. N/A ❑ D. SELLER FINANCING:Buyer shall execute a promissory note to Seller in the principal sum of$ ,bearing interest per annum, and payable: (Check 1, 2, 3 and/or 4 below) ❑ (1) In full on the day of , 19 ,with accrued interest being due and payable • 0 (2) In ❑ monthly 0 annual ❑other: installments of$ , 0 including interest 0 plus interest each,beginning on the day of , 19 ,and continuing regularly thereafter until the day of , 19 ,when the entire amount of principal and interest then remaining unpaid, shall be then due and payable. 1 N/A ❑ (3) Interest only in 0 monthly 0 annual 0 other: installments of$ each, beginning on the day of , 19 , and continuing regularly thereafter until the day of , 19 , and thereafter in ❑ monthly 0 annual 0 other: installments of$ , 0 including interest 0 plus interest, beginning on the day of , 19 , and continuing regularly thereafter until the day of , 19 , when the entire amount of principal and interest then remaining unpaid shall be due and payable. N/A ❑ (4) The Note shall provide for no personal or corporate liability in the event of a default, it being understood that the holder of the Note may look only to the security provided by the Deed of Trust and retained vendor's lien to enforce the payment of the indebtedness. N/A ❑ (5) The Deed of Trust securing payment of the Note shall provide that if all or any part of the Property or an interest therein is sold or transferred by Buyer without the prior written consent of the holder of the Note, the holder of the Note may, at its option, declare all the sums secured by the Deed of Trust to be immediately due and payable. Any Seller financed note may be prepaid in whole or in part at any time without penalty.Any prepayments are to be applied toward the payment of the installments of principal last maturing,but interest shall immediately cease upon amount of principal prepaid.The lien securing payment of such note will be inferior to any lien securing any loan assumed, taken subject to or given in connection with third party financing. Each note herein provided shall be secured by Vendor's and Deed of Trust liens and assignment of leases.A Vendor's Lien and Deed of Trust to secure any assumption,or Buyer's performance if taken subject to,shall be required,which lien shall be automatically released on execution and delivery of a release by noteholder. In case of dispute as to the form of the Deed, Note(s),or Deed of Trust(s),forms prepared by the State Bar of Texas shall be used. Each note herein provided shall contain provision for acceleration of maturity in the event of default and for the payment of reasonable attomey's fees if the note is placed in the hands of an attorney for collection. 5. EARNEST MONEY:As a condition precedent to the validity of this Contract,$ 1 ,nnn,nn is herewith tendered and is to be deposited as Earnest Money with Title U.S.A. , Friendsynood as Escrow Agent,and placed in an interest bearing account, upon execution of the Contract by both parties. 6. CLOSINC• The closing of the sale(the "Closing Date")shall take place at the Title Company on or before June 30 unless such date is changed in writing by Seller and Buyer, or otherwise extended as herein provided. A. At the closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, the following: (1) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens,encumbrances,conditions,easements,assessments,reservations and restrictions,except as permitted herein and/or approved by Buyer in writing; (2) An Owner's Policy of Title Insurance (the "Title Policy") issued by Title U.S.A. (the Title Company) in the full amount of the Sales Price, dated as of closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however: (a)the exception as to area and boundaries 0 shall not be deleted 0 shall be deleted except for"any shortages in area" and if deleted, such deletion shall be an expense of N/A (b)the exception as to restrictive covenants shall be endorsed "None of Record", unless any existing restrictive covenants are approved by Buyer; (c) the exception as to taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership; (3) A Bill of Sale containing warranties to title, conveying title, free and clear of all liens, to any personal property specified herein and an assignment of leases, prepaid rents, security deposits, and trade name, and to the extent assignable, licenses and permits, maintenance, management or other contracts, warranties or guaranties, duly executed by Seller; (4) A current rent roll duly certified by Seller; (5) If requested by Buyer,to the extent assignable,an assignment of any one or more of the insurance policies held by Seller pertaining to the Property, duly executed by Seller; (6) Furnish evidence of its capacity and authority for the closing of this transaction; (7) Execute all other necessary documents to close this transaction. B. At the closing, Buyer shall perform the following: (1) Pay the cash portion of the Sales Price; (2) Execute the note(s) and deed(s)of trust provided for herein; (3) Furnish evidence of its capacity and authority for the closing of this transaction; (4) Furnish to Seller and/or Third Party Lender, at Buyer's expense, a mortgagee's policy issued by Title Company for the benefit of the holder(s)of the deed(s)of trust provided for herein; (5) Execute all other necessary documents to close this transaction. (6) to 7. FEASIBILITY STUDY AND INSPECTION: Buyer 0 is 0 is not granted the right to conduct an engineering, and/or market and economic feasibility study ("Feasibility Study")of the Property, and a physical inspection("Inspection")of all improvements, fixtures, mechanical equip- ment,and personal property being sold hereby.In the event Buyer is granted such right Buyer shall have WF 13TPi days from the effective date hereof to perform such study and inspection and in this regard, Buyer or his designated agents may enter upon the Property for purposes of such analysis, or other tests and inspections which may be deemed necessary by Buyer. If Buyer determines, in his sole judgment, that the Property is not suitable for any reason for Buyers intended use or purpose,or is not in satisfactory condition, then Buyer may,on written notice to Seller, on or before days from the effective date hereof, terminate this agreement, and it shall be null and void for all purposes and the Earnest Money shall be returned to Buyer. If the written notice is not given to Seller within such period, this condition and any and all objections with respect to the Feasibility Study and Inspection shall be deemed to have been waived by Buyer for all purposes. In the event this Contract shall not close, through no fault of Seller, Buyer shall restore the Property to its original condition, if changed due to the tests and inspections performed by Buyer, and shall provide Seller with a copy of the results of any tests and inspections made by Buyer,excluding any market and economic feasibility studies. The study/inspection shall be at buyer's expense. 8. BROKER'S FEE: N/A Listing Broker (__%) and N/A 10. SPECIAL PROVISIONS: Two (2) small buildings on rear of property to remain. (Insert factual statements and business details applicable to this sale.) 11. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. SELLER'S EXPENSES: All costs of releasing existing loans and recording the releases; Owner's Title Policy;survey; tax statements; 1/2 of any escrow fee; preparation of Deed; other expenses stipulated to be paid by Seller under other provisions of this Contract. B. BUYER'S EXPENSES: All expenses incident to any loan(e.g., loan procurement fees, preparation of Note, Deed of Trust, and other loan documents,recording fees,Mortgagee's Title Policy,prepayable interest,credit reports);1/2 of any escrow fee;copies of restrictions,easements, reservations, or conditions affecting the Property; and expenses stipulated to be paid by Buyer under other provisions of this Contract. 12. PRORATIONS: Insurance (at buyers option), interest on any debt assumed or taken subject to, assessments, current taxes, and any rents, and maintenance fees shall be prorated at the date of closing. No proration shall be made for delinquent rents existing as of Closing Date, which rents Seller shall be responsible for collecting. At the closing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller by tenants of the Property for periods subsequent to the Closing Date.If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year, with a subsequent cash adjustment of such proration to be made between Seller and Buyer, if necessary,when actual tax figures are available. If Buyer is assuming payment of or taking subject to any existing loan on the Property,all reserve deposits for the payment of taxes,insurance premiums,or other charges shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits.Any special assessments applicable to the Property for improvements previously made to benefit the Property shall be paid by Seller. Seller shall pay to Buyer at closing in cash the amount of any deposits paid to Seller by tenants of the Property, including but not limited to, all rental security, cleaning, utility, key, damage, and other deposits. All other income and ordinary operating expenses of the Property,including but not limited to,public utility charges,maintenance,management,and other normal operating charges shall be prorated as of the date of closing. 13. TITLE APPROVAL:Seller shall deliver to Buyer within twenty(20)days from the date of this Contract a Commitment for Title Insurance(the "Commitment")and,at Buyer's request,legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commit- ment. If Buyer has an objection to items disclosed in such Commitment or survey provided for herein, Buyer shall have fourteen(14)days after receipt of each such instrument to make written objections to Seller. If Buyer or third party lender makes such objections or if the objections are disclosed in Commitment,survey or by the issuer of the Title Policy,Seller shall have thirty(30)days from the date such objections are disclosed to cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure such objection, if any. If the objections are not satisfied within such time period, Buyer may (i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract,or(ii)waive the unsatisfied objections and close the transaction. 14. DEFAULT Unless otherwise previded for herein, if Buyer fails to comply herewith, Seller may either (i)enforce specific performance and seek such other relief as may be provided by law, or (ii) terminate this Contract and receive the Earnest Money as liquidated damages, one-half of which(but not exceeding the herein recited Broker's fee)shall be paid by Seller to Broker in full payment of Broker's services. The Broker's fee is payable only if and when Seller enforces specific performances, collects damages for such default by suit, compromise,settlement, or receives the Earnest Money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either(i)enforce specific performance hereof and seek such other relief as may be provided by law,or(ii)terminate this Contract and receive the Earnest Money. Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer. 15. ATTORNEY'S FEES:Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to the Contract or transaction shall be additionally entitled to recover court costs and reasonable attomey's fees from the non-prevailing party. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (i) is not a party to this Contract and does not assume or have any liability for performance or non-performance of any party and(ii)has the right to require from all signatories a written release of liability of the Escrow Agent,termination of the Contract and authorization to disburse the Earnest Money.At closing,Earnest Money and accrued interest shall be applied to any cash down payment required,next to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and the Escrow Agent will pay the same to the creditors entitled thereto. 17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows,which representations and warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shall survive the closing: A. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or tresspassers except tenants under the written leases delivered to Buyer pursuant to the Contract; B. There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property,or any part thereof,nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; C. Seller is the fee simple owner of the title to the Property and is duly authorized and empowered to sell said Property; D. Seller has paid, through the current year, all taxes, charges, debts, and other assessments due by the Seller with respect to the Property; 1 • 1. The Property is not being used and Seller has no knowledge that it has ever been used for the storage or disposal of any hazardous or toxic ntatcriAs; K. To the best of Seller's knowledge, no fact or condition exists which would result in the termination of the current access from the Property to any presently existing highways and/or roads adjoining or situated on the Property,or to any existing sewer or other utility faciltiies servicing, adjoining, or situated on the Property; L. Seller shall not further encumber, or allow the encumbrance of, the title to the Property,or modify the terms or conditions of any existing encumbrances, if any, without the written consent of Buyer; M. Seller has no knowledge of any pending or contemplated change in any statute,ordinance,rule or other governmental regulation applicable to the Property,or any action pending or threatened by any governmental body, adjacent landowners or other persons, or of any condition upon or affecting the Property, any of which would result in any material change in the condition of the Property, or in any way limit the use of the Property; N. Seller has not received, and has no other knowledge of any notice from any insurance company requesting the performance of any work regarding the Property or relating to an increase in the insurance premiums applicable to the Property; O. Seller has all necessary licenses and permits required by any and all statutes, ordinances, rules or other governmental regulations for the use and operation of the Property; P. All obligations of Seller arising from the ownership and operation of the Property and business operated thereon, including,but not limited to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date; Q. Each Lease furnished to Buyer pursuant to this Contract is in full force and effect, and has not been amended or modified in any way that has not been disclosed to Buyer in writing.Such Leases constitute all of the written and oral agreements of any kind for the leasing, rental, or occupancy of any portion of the Property. To the best of Seller's knowledge Seller has performed and complied with all its obligations under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landlord or lessor under any of the Leases,or entitle any tenant thereunder to offsets or defenses against the prompt,current payment of rent thereunder. Each tenant under the Leases actually occupies the premises leased thereunder. Except as expressly disclosed to Buyer in writing on the rent rolls furnished to Buyer pursuant to this Contract,no rental under any lease has been collected in advance of the current month,and except as so disclosed to Buyer in writing on such rent rolls,there are no concessions,bonuses,free months rental,rebates,or other matters affecting the rental for any tenant thereunder. Seller is the owner of the entire lessor's interest in and to each of the Leases and none of the Leases or the rentals or other sums payable thereunder has been assigned or otherwise encumbered,except as security for loan(s)assumed or taken subject to as provided herein.To the best of Seller's knowledge, no tenant under any of the Leases is in default thereunder; R. There are no attachments, executions, assignments for the benefits of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property; • S. Seller knows of no repairs that need to be made to the Property and has no knowledge of any latent structural defects or any other defects of the Property, except for the following: THIS COVENANT IS NOT INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER WITH RESPECT TO THE PROPERTY. If any representation or warranty above is known by Buyer,prior to closing,to be untrue and is not remedied by Seller prior to closing,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obliga- tions pursuant to this Contract, or (ii) waive its objections and close the transaction. 18. AGREEMENTS OF SELLER: A. Seller agrees to deliver to Buyer within five (5) days of the effective date of this Contract copies of the following: (i) A current rent roll acceptable in form to Buyer and certified by Seller to be true and correct as of the date of delivery; (ii) All Leases pertaining to the Property, including any and all modifications, supplements, or amendments thereto; (iii) A current inventory of all tangible personal property and fixtures owned by Seller and located on, attached to,or used in connection with the Property, certified by Seller to be true and correct as of the date of delivery; (iv) Note(s), Deed(s) of Trust and other loan documents pertaining to loan(s) assumed or taken subject to; (v) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; • (vi) All warranties and guaranties relating to the Property, or any part thereof, or to the tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, if available; • (vii) All fire, hazard, liability, and other insurance policies held by Seller on the Property; (viii) All of the most recent real estate and personal property tax statements with respect to the Property; (ix) All leasing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer pursuant to paragraph hereof; (x) The "as-built" plans and specifications with respect to the Property, if available; • (xi) Information on utility and repair expenses incurred by Seller for operation of the Property for each month for the preceeding two(2)years; (xii) A true and correct statement of income and expenses for the Property from N/A to N/A Buyer shall have 15 days from the date of delivery of the above required information to review such information.If Buyer objects to any matters contained therein,Buyer may within the above time period(i)terminate this Contract and the Earnest Money shall be refunded • to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive such objections and close the transaction. Seller agrees to deliver to Buyer at least seven(7)days prior to the Closing Date an estoppel certificate dated and executed not earlier than ten(10)days prior to the Closing Date by each of the tenants under the leases stating that as of the Closing Date(1)no default exists under the terms of the lease agreement by either landlord or tenant; (2) the amount of any rental payments made in advance, if any; (3) the amount of any security deposits made, if any; (4)that the tenant has no defenses or offsets against the payment of rent accruing under the terms of the lease agreement; and (5) a warranty by Seller that said Leases are in full force and effect and that there are no defaults thereunder. If any tenants assert defenses or ,ffsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately notify Seller in writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event Seller is unable to do so by Closing Date, Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive such objections and close the transaction. (iv) Not enter into any written or oral service contract or other agreement with respect to the Property that will not be fully performed by Seller on or before the Closing Date,or that will not be cancellable by Buyer without liability on or after the Closing Date,without the prior written consent of Buyer; (v) Not enter into, or alter, amend, or otherwise modify, or supplement any base without the prior written consent of Buyer; (vi) Not grant any bonus, free month's rental, rebate or other concession to any present or future tenant of the Property; (vii) Advise Buyer promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller becomes aware, concerning or affecting the Property which is instituted or threatened after the date hereof; (viii) Keep, observe, and perform all its obligations under the loan(s) assumed or taken subject to; (ix) Not take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants, and agreements of Seller contained in this Contract. 19. USE OF PROPERTY: Seller D has ❑ has not claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad valorem taxes on the Property, and if so, Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit and after the purchase is closed, Buyer changes the use of the Property and the same results in the assessment of additional taxes, such additional taxes will be the obligation of the Buyer. The representation herein shall survive closing. 20. PROPERTY SURVEY:Within 15 days from effective date hereof,Seller,at Seller's sole cost and expense,shall cause to be delivered to Buyer a current plat or survey of the Property,prepared by a surveyor acceptable to the parties and the Title Company closing this transaction. The survey shall certify to the Buyer and Title Company that:(i)the survey was made and staked on the ground; (ii)the plat shows the location of all improvements, highways,streets, roads, railroads, rivers, creeks,or other waterways, fences, easements,and rights-of-way on or adjacent to the Property,if any;(iii)there are no visible discrepancies,conflicts,or encroachments except as shown on the survey plat;(iv)the Property does not lie in the 100 year flood plain as established by the U. S. Army Corp of Engineers or any other governmental body; (v) the survey plat is a true, correct, and accurate representation of the Property; and (vi) the survey sets forth the number of total acres/square feet comprising the Property,together with a metes and bounds description thereof.All easements and rights-of-way shall be referenced to the recording information applicable to the documents creating such easements or rights-of-way which have been recorded with the County Clerk of the County in which the Property is located.The survey shall locate and mark all corners and angles of the Property's perimeter on the ground with permanent,buried iron surveyor's stakes. 21. CONDEMNATION: If prior to Closing Dare condemnation proceedings are commenced against any portion of the Property, Buyer may, at its option,terminate this agreement by written notice to Seller within N/A days after Buyer is advised of the commencement of condemnation proceedings and the earnest money shall be refunded to Buyer, or Buyer shall have the right to appear and defend in such condemnation pro- ceedings,and any award in condemnation shall,at•the Buyers election,become the property of Seller and reduce the purchase price by the same amount or shall become the property of Buyer and the purchase price shall not be reduced. 22. CASUALTY LOSS: Risk of loss by damage or destruction to the Property prior to the closing shall be borne by Seller. In the event any such damage or destruction is not fully repaired prior to closing, Buyer, at its option, may either(i) terminate this Agreement, in which event the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract,or(ii)elect to close the transaction, in which event Seller's right to all insurance proceeds resulting from such damage or destruction shall be assigned in writing by Seller to Buyer. 23. MISCELLANEOUS: A. Any notice required or permitted to be delivered hereunder shall be deemed received when personally delivered or sent by United State mail, postage prepaid,certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be,at the address set forth below the signature of such party hereto. B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. C. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives, successors, and assigns. D. In case any one or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal, and unenforceable in any respect, such invalidity, illegality,or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter and cannot be changed except by their written consent. E Time is of the essence of this Contract. 3. Words of any gender used in this Contract shall be held and construed to include any other gender,and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. H. In accordance with the requirements of the Texas Real Estate License Act,Buyer is hereby advised by Broker:(1)that it should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection,and(2) that unless otherwise agreed to in writing by the parties hereto, Broker and Co-Broker are being paid by Seller and are representing Seller • in this transaction. • 24. ASSIGNMENT: ❑ A. Buyer may not assign this contract. ❑ B. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the assignee shall assume in writing all the obligations of Buyer hereunder. 25. TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's signature hereto and delivered to Buyer by 5:00 P.M., the 10 day of , 1987 , this offer to purchase shall be null and void and all parties hereto shall stand relieved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer. 26. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO.THESE ARE QUESTIONS FOR YOUR ATTORNEY.CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot give you legal advice —only factual and business details concerning land and improvements. • EXECUTED in multiple originals effective the // day of 19 8/f / . (Fill in dare last party signs.) ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PARTIES None X Ga2'e , O ve,ect e- Listing Broker License No. Seller By X C .. Sel er None 112 E. Spreading Oaks 482-7445 Co-Broker License No. Seller's Address Phone No. By City of Friendswood Buyer Q Receipt of$ 1 D L 9. Earnest Money is acknowledged in the f rm Buyer Ralph.1124411 . Lowe of C 7 `,4(2 108 Willowick, Friendswood, Tx. 482-3323 /,�.ap %/�X Buyer's Address Phone No. Escrow Age (�/ / ' By /j0�� k'AIVER OF INSPECTION & PURCIlA.`;lR:; AFFIDAVIT THE STATE OF TEXAS 1 (:F 87-1855 COUNTY OF HARRIS X — - --- - BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day personally appeared Mayor Ralph L. Lowe known to me to be credible and over the age of eighteen (19) year ;, who having been the first duly sworn and upon oath makes the following statements: We (I) the purchaser of the following described land to-wit: S Lot 14 Hoover Subdivision You are hereby authorized to issue an Owner 's Title Policy to the undersigned upon the real property described above and it is understood that Title USA has made no on site inspection of the premises being insured and the undersigned agrees to accept the Owner's Title Policy with the following exception incorporated therein "Rights of Parties in Possession" It is understood that by so doing the undersigned is accepting said policy subject to the rights ofparties now in possession of such property and those under whom they hold, if any are now in possession of such property, and the undersigned agrees to inspect the said premises and to obtain possession thereof from the present occupants. The undersigned is aware of and accepts the following encroachments as shown on the survey firnished in connection with this transaction: If this transaction is an assumption or subject to a mortgage the undersigned hereby acknowledges full awareness of all terms of the Deed of Trust and compliance with all of the mortgagee's requirements prior to closing; and the undersigned hereby releases Title USA from any liability or responsibilities for any losses that may arise under the terms of the Deed of Trust. It is understood that the figures used on the settlement statements prepared by Title US tare the most accurate figures available at the time of closing and that the 1, loan balance and tax figures used were furnished to the said title company by the lender concerned and/or the taxing authorities. Receipt and examination of the Purchaser's settlement statement is hereby acknowledged and the undersigned hereby accepts the figures shown thereon as being correct and releases Title. USA from any responsibility in connection with the accuracy of such figures, the prorations involved and the disbursements in connection therewith. In the event that the figures used by Title US / to calculate amounts to be paid . out of the funding of this transaction are hereinafter found to be insufficient, the undersigned hereby authorizes Title USA to collect from the undersigned any additional sums owl by the undersigned therefor. Such amount shall be deducted from the balance held by the said title company for the account of the undersigned, or if no such balance is currently held, the undersigned shall forthwith pay such amount to Title USA upon request. This affidavit is made in connection with and as an inducement to the above reference transaction and it is recognized that the other parties thereto (including the said title company( are and shall be authorized to rely upon the matters contained herein. The undersigned hereby swears that the foregoing information is ue and correct in all respects. �T� /24 O