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Home My WebLink AboutNo Address - General Warranty Deed - Charles F Brown Jr, Executor of the Estate of Janet A Brown - 5AC '20a205213 9 L i s O —21 Ltq 1, GENERAL WARRANTY DEED Return to: Lawyers Title Company Date: September 4,2002 617 Caroline Houston, TX 77002 Grantor(s): Charles F.Brown,Jr.,Individually and Independent Executor of the Estate of Janet A.Brown,Deceased Grantors' mailing address: 323 Springfield Drive Angleton,Texas 77515 Grantee: City of Friendswood,a Texas municipal corporation 017 -3 8 - 1 73 6 Grantee's mailing address: 910 South Friendswood Drive Friendswood,Texas 77546 Consideration: TEN DOLLARS (S10.00)AND OTHER GOOD AND VALUABLE CONSIDERATION AND IN THE FURTHER CONSIDERATION OF A PARTIAL GIFT FROM GRANTOR TO GRANTEE. Property: Legal Description: Lot 39,of Imperial Estates,Section One(1), a subdivision in Galveston County, Texas,according to the map or plat thereof,recorded in Volume 254-A,Page 81 of the Map Records of Galveston County,Texas. Grantee's Restrictive Covenants: Grantee covenants and agrees to hold the Property subject to the terms of the Stafford Act, regulations promulgated thereunder (44 C.F.R. 206.434), and the Grant Agreement. Grantee further covenants and agrees (i) to maintain in perpetuity the property for uses compatible with open space, recreational, or wetlands management practices, (ii) after completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any Federal entity or source, and no Federal entity or source will provide such assistance, and (iii) no new structure(s) will be built on the property except as indicated below: (a) a public facility that is open on all sides and functionally related to a designated open space or recreational use; (b) a rest room, (c) a structure that is compatible with open space, recreational, or wetlands management usage and proper floodplain management policies and practices, which the Director of the Federal Emergency Management Agency(FEMA) or an official to whom the Director of FEMA has expressly delegated authority to issue rules,before the construction of the structure begins. Grantor(s), for the consideration and subject to the reservations from and exceptions to conveyance and warranty,grant,sell,and convey to Grantee the Property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee and Grantee's successors, and assigns forever. Grantor(s) bind Grantor(s) and Grantors' heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any party thereof, except as to the reservations from and exceptions to conveyance and warranty. If the legal description of the Property is different from the physical address of the Property, this grant shall be construed to include all of the property described by both the legal description and physical address. When the context requires,singular nouns and pronouns include the plural. GRAN ORSS: 0"+-4 0- [signature] [signature] Charles F.Brown,Jr. (/ State of Texas: County of Galveston: nstrumertt way acknowledged before:~'��- -�i�1��:"�-�..,y-�,�.�,tp —day c` kn. ,2002,by Charles'. S. McNAMARA f .^#J• Notary Public,State of Texas ublic �� My Commission Expires e t 0 2005 7 '} ACCEPT D THE CITY RI SWOOD: �~~~�~(sear ATTESTED BY CITY OF FRII;N�Sd+VO:p �, ;'• Ilyo•I 1' , �; w o . --).e....04 i!, FILED AND ENDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 017 -38- 1737 J r2002 SEP 09 10:58 Alf 200OL052139 ESCOB_V $9.00 Patricia Ritchie .COUNTY CLERK GALVESTO% TEXAS CC: M & CC CITY MGR Mike Hodge 7-13-2002 City of Friendswood 910 South Friendswood Dr. Friendswood, Tx. 77546 Attn: Hon. Harold Whitaker, Mayor Re: Lot 39, Imperial Estates #1 Dear Harold, In our last telephonic conversation You informed me that the deal to buy the above captioned property had been approved and would finally close in July, 2002. It is my sad duty to inform you that my beautiful wife of 48 years has died of a broken heart due to the loss of her home, friends and neighbors, despite all I could do. If FEMA is keeping score add her name to the list of fatalities because they killed her with their unconstitutional decree just as if they had put the gun to her head. As to the main business of this missive, I have an offer on lot 39 from someone through O'Farrell Realty. If the City is serious, I need a committment letter with a firm closing date as soon as possible. This has dragged on since March and because of my grief I just want it over one way or the other. I have Letters Testamentary naming me Independent Executor of the Estate of Janet A. Brown, so I will sign for myself and my dear wife. Please give me your quick response to this matter. Sincerely, CJ�CF Brown Jr. 323 Springfield Dr. Angleton, Tx. 77515 979-848-2787 � AUTHORIZE EXECUTION OF CLOSING DOCUMENTS FOR PURCHASE OF LOT 39, IMPERIAL ESTATES #1 August 5, 2002 In an earlier meeting, Council authorized Mayor Whitaker to work with the Galveston County Consolidated Drainage District (GCCDD) to purchase a lot in Imperial Estates that was not eligible for the FEMA Hazard Mitigation Grant Buyout Program, as no structure was on that particular lot. Lot 39, Imperial Estates subdivision is now ready for purchase. All adjoining lots eligible for funding under the Buyout Program are purchased, and this will complete the purchases in the area. The owner, Mr. Charles Brown, has agreed to the sale of the property. GCCDD is sharing the costs with the city on a 50/50 basis. . . . . Recommendation. Approve the purchase of Lot 39 Imperial Estates in the amount of $50,000 plus closing costs, with all costs to be shared equally with GCCDD, and authorize the Mayor to sign all closing documents. Attachments 1.Letter dated July 18 to C.F. Brown 2.Contract on Lot 39 3.Letter dated July 8. 2002 from GCCDD Agenda2002/08. J/tsm02 July 18, 2002 Mr. C. F. Brown Jr. 323 Springfield Dr. .Angleton, TX 77 515 CITY OF FRIENDSWOOD Re: Exercise offer to purchase Lot 39 Imperial Estates #1 Dear Mr. Brown: I have been directed by City Council to express the City of Friendswood's intent to purchase the property described above. The City intends to exercise this offer as soon as possible after we receive a signed copy of the attached earnest money contract. You have provided information that you are willing to sell it to the City for a total cash price of $50,000 net, with all closing costs to be paid for by the City. The City is pleased to accept this proposal, and will prepare and forward the appropriate paperwork to you for your review and signature. If this does not correctly reflect the terms of your offer, please let me know as soon as possible. Should you have questions or require additional information, pleas·e contact me at your earliest convemence. Sincerely, ��£o/7 Ronald E. Cox City Manager REC/tsm Enclosure Cc Mayor and Council Members Director of Community Development Mike Hodge Director of Administrative Services Roger Roecker CITY MANAGER'S OFFICE 910 S. FRIENDSWOOD DR. FRIENDSWOOD. TX 77546 281-996-3250 PHONE281-482-3722 FAX !7/11/02 cc: M&CC §afut:-1ton County Con10Lidatt:-d (]j1iaina9£ �iit'lict P.O. BOX 607 • PHONE (281) 482-0404 • FAX (281) 482-8505 FRIENDSWOOD, TEXAS 77549-0607 July 8, 2002 , �<o"(?:9 10/ - � _.A l;,5~ ,· ., ? '/ 0v JU ~ "'-ot:-L ,�-;::;- ...,.., c,.:;! , C;:: "-.Ji ·2 -:J.;· ·o �c OF ~i'il t.· _; i-f'"' Ctri FfiffN-,D �-'] )"::-,�c..l ... -�tJiNA DSWoon ::--'_ \ & ,GfR V ,cr; \ � ,:�- �9,, /i':'-.::, C_�.,.., ,,.� -, / ·.; ·• �--,·· Mr. Ron Cox, City Manager City of Friendswood 910 S. Friendswood Dr. Friendswood, Texas 77546 Dear Mr. Cox: The Board of Directors approved the participation in acquiring Lot 39 in Imperial Estates at the March 26, 2002 meeting. They have agreed to pay half of the price of the lot and half of the closing costs. Sincerely, y') f /t:i V"l -�--{,,/{a,--:(,,_ t( I.· David Kocurek General Manager STATE OF TEXAS )( CITY OF FRIENDSWOOD . )( ·COUNTIES OF GALVESTON/HARRIS )(. ·AUGUST 5, 2002 )( 1919 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 5, 2002 AT 6:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR MAYOR PRO TEM COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY ATTORNEY CITY MANAGER CITY SECRETARY HAROLD L. WHITAKER TRACY GOZA KITTEN BRIZENDINE JERRY ERICSSON KIM BRIZENDINE SHANN ON KIMMEL LOREN SMITH RON COX DELORIS MCKENZIE Councilmember Measeles was absent from the meeting. Mayor Whitaker called the meeting to order. EXECUTIVE SESSION Council convened into Executive Session in accordance with The Texas Government Code, pursuant to Section 551.072, Deliberation regarding Real Property and Section 551-074, Discussion regarding Personnel Matters. Council re-convened into Regular Session with action taken later in the meeting. REGULAR SESSION The Invocation was given by Reverend Sue Scott from Good Shepherd Episcopal Church. Mayor Whitaker led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Kitten Brizendine had no report. Councilmember Ericsson had no report. Councilmember Goza had no report. I • Councilmember Kim Brizendine reported that he, the Mayor and City Manager Cox met with Imperial Gardens Homeowners Association regarding concerns related to Tropical Storm Allison. Councilmember Kimmel reported on attending the Prayer Breakfast during which City Manager Cox spoke, and urged more citizens to attend. Mayor Whitaker reported that he, Friendswood Police Chief Bob Wieners, and Friendswood's Assistant Fire Marshal Bryan Mansfield attended a meeting held at the Emergern;:y Operation Center in League City 8/5/02 1920 to discuss a Partnership with Galveston 911, and attended the July 18 th meeting with Clear Creek Independent School District to develop a partnership with CCISD schools within the city limits of ·Friendswood like the partnership with the Friendswood Independent $chool District. COMMUN ICATIONS FROM THE PUBLIC Mrs. Donna Berry, representing the South Texas Flood Recovery Project, appeared before Council to acknowledge the Tropical Storm Allison Volunteers and presented Certificates of Appreciation to Mayor Whitaker, Councilmember Kitten Brizendine, Councilmember Ericsson, Councilmember Goza, Councilmember Kim Birzendine, Councilmember Shannon Kimmel, Councilmember Measeles, former Councilmember Larry Taylor, City Manager Ron Cox, the Friendswood Volunteer Fire Department/EMS, the Police Department including Sergeant Reagen Breaux, Administrative Secretary Lisa Wev, Volunteer Carolyn Todd, and the Community Services Department including Director of Community Services Jon Branson, Building Supervisor Alex Buenrostro, Senior Program Coordinator Melody Kammerer, Recreation Aide Kristine Schaffner, from the American Red Cross, Denise Platt, Director of South bay Area Branch, and from the Fire Marshal's Office, Fire Marshal Terry Byrd. CITY MANAGER'S REPORT City Manager Cox reported on Tropical Storm Allison Buyout Project Status. To date, the City, through it contractor, Ward & Associates, has purchased 132 properties. Only four properties remain to be closed on. This will complete the purchase of all homes in the project at 136. Thirty two of the homes have been demolished by Cherry Demolition Company in the first contract.. The second contract, with A & R Demolition, Inc. is for the reminder of the properties, including those that remain to be purchased. A & R has worked with staff to set the priority of work and schedule the demolition process by neighborhood. All houses have been inspected for asbestos, and abatement is underway on those that require it. Also, the company has divided the city and all the houses into four areas. Each area has between 25 and 28 houses in it. Area 1, where actual demolitions are occurring now, is between Quaker Drive and Clear Creek. Area 2 is the Wedgewood/Forest Bend Subdivisions. Area 3 is a large portion of Friendswood where flooding occurred, including the Cherry Tree Lane, North and South Clear Creek Drive, Falling Leaf, and Minglewood streets. Area 4 is Imperial Estates. The objective is to conduct the demolition and clean up in these areas, on a systematic basis, ensuring that when a neighborhood is entered all homes are completed before the contractor leaves. All areas are now scheduled to be complete by September 26,2002. . ACTION ITEMS -x-x•councilmember Kitten Brizendine moved to approve action regarding approval of lnterlocal Agreement with Clear Creek Independent School District for Mutual Aid for Law Enforcement. Seconded by Councilmember Ericsson. The motion was approved unanimously 6-0. -x-x•councilmember Ericsson moved to approve action regarding authorizing additional school crossing guard position for Wedgewood Elementary on Friendswood Link Road. Seconded by Councilmember Goza. The motion was approved unanimously 6-0. ' •x-x•councilmember Kitten Brizendine moved to approve action regarding approval of joint purchase with Galveston County Consolidated Drainage District of lot 39 located in Imperial Estates. Seconded by Councilmember Ericsson. The motion passed 5-1 with Council member Kimmel opposed. ·HCouncilmember Kitten Brizend_ine moved to approve action regarding approval of proposal from Terra Point, LLC for LiDAR-based mapping and flood data for Clear Creek Watershed. Seconded by Councilmember Ericsson. The motion was approved unanimously 6-0. 8/5/02 1921 RESOLUTIONS •-x-x•councilmember Kitten Brizendine moved to approve Resolution R2002-39, A Resolution of the City of ·Friendswood, Texas, ratifying intervention in Texas-New Mexico Power Company's request for certainfindings concerning TNP One filed at the Public Utility Commission of Texas and assigned Docket No.25931; authorizing the joining with other intervening cities to protect municipal and ratepayer interests;approving payment of share of legal and consulting costs.Seconded by Councilmember Kim Brizendine. The motion was approved unanimously 6-0.-x-x•councilmember Kim Brizendine moved to approve Resolution R2002-40, A Resolution of the City ofFriendswood, Texas adopting the Mutual Aid Agreement with various Municipalities incorporated withinthe County of Galveston and Galveston County, Texas.Seconded by Councilmembe: Ericsson. The motion was approved unanimously 6-0. ORDINANCES -x-x•councilmember Kitten Brizendine moved to approve a second and final reading of Ordinance No.T2002-15, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being Cityof Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November1984, and being the Zoning Ordinance of the City, by changing the zoning classification of a certain1.9495-acre tract of land from Singe-Family Residential (SFR) to Business Park (BP), such tract beingsituated at Lot 50 in the Sharp's Subdivision of Section 22 of the IG&N Railroad Company Survey,Abstract No. 693, commonly known as 4645 Mandale Road, and within the City Limits of the City;providing for the amendment of the City's official Zoning Map; repealing all other ordinances or parts ofordinances inconsistent or in conflict herewith; providing for severability; and providing a penalty in anamount not to exceed $2,000 for each day of violation of any provision hereof.Seconded by Councilmember Ericsson. The motion was approved unanimously 6-0. -x-x•councilmember Ericsson moved to approve Ordinance T2002-16: First reading of an Ordinancedesignating or providing for the redesignation of names of various stre·ets and thoroughfares within thecity limits of the City of Friendswood, Texas; providing various findings and provisions related to suchchanges; and providing a severability clause.Secon ded by Council member Kitten Brizendine. The motion was approved unanimously 6-0. -x-x•councilmember Kitten Brizendine moved to approve the Consent Agenda as presented with theexception of Item C. Authorize two public hearings be called for August 19 and September 2 for theannexation/dis-annexation of properties with the City of Friendswood and the City of League City anddirect development of service plan to areas to be annexed/disannexed. A. Payment of Capital Projects.1.1 Million Gallon Elevated Storage Tank with payment in the amount of $3,600.00-to Klotz Associates,Inc. for engineering services. To date, 85 percent of the contract has-been expended. Payment in theamount of $143,535.50 to Landmark Structures for construction services. To date, 75 percent of thecontract has been expended. Payment in the amount of $531.50 to Stork Southwestern Laboratories fortesting services. To date, 69 percent of the contract has been expended. 2. Beamer Road Pump Stationand Waterline with payment in the amount of $2,752.00 to Klotz Associates, Inc. for engineeringservices. To date, 76 percent of the contract has been expended. Payment in the amount of $1,328.50to Stork Southwestern Laboratories for testing services. To date 28 percent of the contract has beenexpended 3. Ground Storage Tank Rehabilitation for Wells #3 & #4 with payments in the amount of$9,958.87 and $5,163.85 to SCL Engineering (formerly Wayne Smith & Associates) for engineeringservices in the amounts of $9,958.87 and $5,163.85. To date 83 percent of the contract has beenexpended. 4. Blackhawk Ground Storage Tank Construction and Rehapilitation -Payment in the amountof $8,122.50 to Gulf States Protective Coatings, Inc. for construction services. To date 65 percent of thecontract has been expended. Payments in the amount of $480.00 and $552.50 to Stork SouthwesternLaboratories for testing services. To date, 19 percent of the contract has been expended. Payments inthe amount of $3,959.08 and $4,771.62 to SCL Engineering for engineering services. To date 66percent of the contract has been expended. 5. Surface Water Trunkline -Payment in the amount of 8/5/02 1922 $373,812.65 to Calco Contracting, Inc. To date 50 percent of the contract has been expended. Payment in the amount of $712.50 to Stork Southwestern Laboratories for testing services. To date 18.percent of the contract has been expended. Total payments were $559,281.07. 1;3. Approve amended Cooperative ·Agreement with Galveston County Health District. D. Authorize extension of contract with Waste Management for three-month period to end November 30, 2002 and authorize staff to issue RFP for solid waste collection services. E. Authorize application for a license to plan copyrighted music in public performances. F. Auti::lorize replacement of lnterlocal Agreement with Memorandum of Understanding the City of Pasadena Police Department for Mutual Aid. G. Authorize Developer Participation Agreement to construct a fence at Centennial Park. H. Authorize the Mayor to execute settlement agreement with the Attorney's General's Office. I. Authorize payment plan for City's share of Blackhawk Regional Wastewater Treatment Plant Renovation Project. J. Authorize consulting agreement with Ward & Associates for demolition reimbursement support services. K. Approve appointments to the Boards, Committee·s, and Commissions for Group A as follows: Planning and Zoning Commission -Jim Gibson, new appointment; Michele Brekke, new appointment; Construction Baard of Adjustment-Dan lllerich, re-appointment; Faye Curtis, new appointment; Max Bhatti, new appointment; Community & Economic Development -·zekie McVeigh, re-appointment, Brent Goswick, re-appointment, Andre Massicott, re appointment, Kevin Candee, re-appointment, Gregory Crinion, re-appointment; Zoning Board of Adjustments -Greg Hughes, re-appointment, Ken Boggs, new appointment, Wayne Ford, new appointment, Melissa Pride (alternate) new appointment; Library Board• Larry Seelig, re-appointment, Dr. John G. Heard, re-appointment, Dee Dee Race, new appointment. L. Approve Banner Permit applications for Friendswood Community Church for back to School Kickoff, Chamber of commerce for Fall Trade Show, Friendswood Historical Society for Heritage Day, and Good shepherd Episcopal Church for Pumpkin Patch. M. Approve the Council Meeting Minutes of July 15, 2002 meeting .. Seconded by Councilmember Ericsson. The motion was approved unanimously 6-0. Councilmember Goza left the Council Chambers at this time. -x•councilmember Kitten Brizendine moved to authorize two public hearings be called for the new dates of October 14 and 21, 2002 for the annexation/dis-annexaton of properties with the City of Friendswood and the City of League City and direct development of service plan to areas to be annexed/disannexed. Seconded by Councilmember Ericsson. The motion passed 5-0. Councilmember Goza returned to the Council Chambers. A motion was made and approved to adjourn at 7:41 PM. Attest: Deloris McKenzie, T City Secretary 11-8-99 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION(TREC) UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium Transactions 1. PARTIES: C. F. Brown, Jr. (Seller) agrees to sell and convey to_r:;ry of Fri endswood (Buyer) and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Lot_39 , Block Imperial Estates #1 Addition, City of Friendswood , Harris County, Texas, known as Lot_39, Imperial Estates, Friendswood, Texas 7754Z _(Address/ZipCode), or as described on attached exhibit, (the Property). The Property ❑ is ® is not subject to mandatory membership in an owners' association. The TREC Addendum For Property Subject To Mandatory Membership In An Owners'Association ❑ is ❑ is not attached. NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners'association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community in which the Property is located, you are obligated to be a member of an owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance,and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located.Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners'association.The amount ofthe assessments is subject to change.Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. f3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing $_50.0.00. B. Sum of all financing described below $ 0 C. Sales Price (Sum of A and B)I /a. FINANCING: Within days after the effective date of this contract Buyer shall apply for all third party financing or noteholder's approval of any assumption and make every reasonable effort to obtain financing or assumption approval.Financing or assumption approval will be deemed to have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). If financing or assumption approval is not obtained within days after the effective date hereof, this contract will.terminate and the earnest money will be refunded to Buyer. Each note to be executed hereunder must be secured by vendor's and deed of trust liens. The portion-of-Sales-Price-not payable in cash will be paid as follows: (Check applicable boxes below) ❑A THIRD PARTY FINANCING: 0 (1) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed % of the Sales Price, evidenced by a third party first lien promissory note of not less than $ , due in full in; year(s), with interest not to exceed per annum for the first__-year(s)•'of.the loan. - ❑ (2) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed % of the Sales Price, evidenced by a third party second lien promissory note of not less than $ , due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. O B. SELLER FINANCING: A promissory note from Buyer to Seller of$ , bearing interest per annum, secured by vendor's and deed of trust liens, in accordance with the terms and conditions set forth in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish.Seller with a mortgagee policy of title insurance. ❑ C.ASSUMPTION: O (1) Buyer shall assume the unpaid principal balance of a first lien promissory note payable to which unpaid balance at closing will be $ . The total;current monthly payment including principal, interest and any reserve deposits is $ . Buyer's initial payment will be the first payment due after closing. Initialed for identification by Buyer Ism✓ and Seller 01 A TREC NO. 9-4 I.,. ., .. ·! Unimproved Property Contract Concemin .,_ ___________________________ Page Two 11-8-99 (Address of Property) ·.... N/ A D (2) Buyer shall assume the unpaid prin�ipal .balC!nce of a second lien promissory notepayable to · ·· · . -: ·, • · whichunpaid balance at closing will be $ · . · · · . The totc:!I current monthly payment .. including prfncipal, interest and any res erve deposits ;is $ _______ , Buyer's initial payment will be the first paym�nt due at;_ter closing .. _ Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. · · If the unpaid principal balance(s) of a�·y °assumed Ioan(s) as of the Clo sing-Date varies from the loan balance(s) stated above, the □ cash payable at closing □ Sales Price will be adjusted by the amount of any variance; provided, if the total principal balaf:19.� of all,assumed loans varies in an amount greater than $350.00 at closing, either party may terminate" tnis· contract and the earnest money will be refunded to Buyer unless the other party elects to-•e!iminate the excess in the variance by an appropriate adjustment at closing. If the noteh.older requires (a) payment of an assumption fee in excess of $ ______ in C(1) above or$______ in C(2) above and Seller declines to pay such excess, or (b) an increase in the interest rate to more than ___ % in C(1) above, or ___ % in C(2) above, or (c) any other modification of the loan documents, Buyer may terminate this contract and the earnest money wilrb'freflihded to Buyer. A vendor's lien and deed of trust to secure assumption will be required wh ich.shall aµtomatically be released on execution and delivery of a release by noteholder. If Seller is released from ·Iiability on any assumed note, the vendor's lien and deed of trust to secure assumption will not.be required., NOTICE TO BUYER: The monthly payments,·.,riteresfr�tes or other terms of some loans may be adjusted by the lender at or after closing. If you �re:.coricerned about the possibility of future adjustments, do not sign the contract without ex.aminirig t.h� notes and deeds of trust. NOTICE TO SELLER: Your liability to paY,the ciote assumed by Buyer will continue unless you obtain �a release of liability from the lender. If you a're concerned a'6out future liability, you should use the TREC Release of Liability Addendum. · · · , /A OD, CREDIT APPROVAL ON ASSUMPTION.OR,.SE;LL,ER FINANCING: Within __ days afterthe effective date of this contract, Buyer shall deliver.Jo Seller D credit report D verification of employment, including salary □ verification df _funds_,on: .deposit in financial institutions O current . financial statement to establish Buyer's creditworthirie's's ·or assumption approval or seller financing and O ······ · · ·· ······· If Buyer's documentation is not delivered within-the specified time, Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If this contract is not so terminated, Se.II.er will be .deeme.d.to .bav.e .. acceptecLBuy.er:'.scredit lflhe documentation rs timely delivered,; an�. S.E?,!ler determines in Seller's sole discretion that Buyer's credit is unacceptable, Seller may termih_ate this. tont;act by notice to Buyer within 7 days after expirat ion of the time for delivery and the earnest money-will be refunded to Buyer. If Seller does not so terminate this contract, Seller will be deemed .to ·have ·accepted Buyer's credit. Buyer hereby authorizes any credit reporting agency to fumi$_h :tq Seller .9t.1;3uyer's sole expense copies of Buyer'.s credit reports. •, .:;::i�'.-. !:·, --� _; .. 5.EARNEST MONEY: Buyer shall deposit $ 1, ooo i. ">,�_s' -�-��b·e,st money with Carolyn Davis, Escrow Officer at -=L=awy:.:....,_e�r�s::........:11�-i�·c�'l�e�·�t�om�pL'a�n�y,_ ______ ---:-__ --:--__ _ (Address), as escrow agent, upon execution of this-contract:;by both parties. Additional earnest money of$ NIA must be deposited by Buyer with escrow-agent on or before ________ _, If Buyer fails to deposit th e earnest._r;riqney as required by this contract, Buyer will be in defa ult. . . •, '. ':, ·.'·. 6.TITLE POLICY AND SURVEY: fi A. TITLE POLICY: Seller shall furnish to Buyer at Q:Se.Ilei".s'. l;a Buyer's expense an owner policy of title insurance (the Title Policy) issued by Lawvers Title. Company (the Title Co mpa·ny) in the amount of the Sales Price, dated_ �t or after closing, insuring Buyer against loss under the provisions of the Title Policy, s,ubjed to· the)fr6mulgated exclusions (including existing building and zoning ordinances) and the following exceptions: ·· (1)Restrictive covenants common to the platted sub division in which the Property is located.(2)The standard printed exception for standby·fees, tax·es and assessments. Initialed for identification by Buyer� . ' � ' . : '� \•' .and Seller · ,t.-. .;•··.· ., · : .· :.,: .. ;\,._;,� .. /! .... 01A TREC NO. 9--4 Unimproved Property Contract Conceming ________ ----,--,--�----------Page Three 11-8-99 · .. (Address of Property) '-· ,• ·-.-. (3)Liens created as part of the financing·.described_ in Paragraph 4.(4)Utility easements created by the dedi cation deed or plat of the subdivision in which the Property is located. ,, ., .. . , ·· ·· -. (5)Reservations or exceptions otherwise;permitted ·by'this qontract or as may be approved by Buyerin writing. (6)The standard printed excepti on as to discreoancies,·confticts, shortages in area or boundary lines,encroachments or protrusions, or ·overlapping Tmp'rovements. (7)The standard printed exception as to marital rights: ':· · (8)The standard printed exception as to waters, tideiaiids, beaches, streams, and related matters.Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Seller authorizes the Trtle ·co'rripany fo· mail or hand deliver the Commitment and related documents to Buyer at Buyer's address shown below.: If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. ca B.SURVEY: (Check one box only)D (1)Within 20 days after the effective-date oft�is·contract, Buyer shall obtain a survey at Buyer's expense.. · · . -: · . · . D (2) D (3) Within __ days after the effective datsiofthis.contract, Seller shall cause a survey to be delivered to Buyer at Seller's ._�xpense.::• . ;.:• Within __ days after the . effe_ctiv� date of tbis contract, Seller will deliver to Buyer the existing survey plat of the Prop�rt.y dated ___________ � . which□will □ will not be recertified to a date ·subsequent �o the effective date of this contract at the expense of D Buyer D Seller. · · · The survey must be made by a Registered ;erof�ssJ_oi:i°?I Land Surveyor acceptable to the Title Company and any lender. __ .. , · Buyer may object to existing building and zoning ordinan�s., ·items 6A(1) through (8) above and matters shown on the survey if Buyer determines that any ·su·ch·ordiria'iice, items or matters prohibits the following use or activity: Open Space and Drainage·., < Buyer will have 7 days after the receipt of the latter·ot�b.e Gornmitment or survey to object in writing to matters disclosed in the Commitment or survey. Buyer's failure to· object under Paragraph 6 within the time allowed will constitute a waiver of Buyer's right to object;-exce·pt that the 'requirements in Schedule C of the Commitment will not be deemed to have been waived. S�lfet'shall cure the timely objections of Buyer or any third-party-lender-within 20 -days afterSeller receives-the .objections and the Closing-Date will ·be extended as necessary. If objections are not cured by the extended"Closing Date, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer elects to waive the objections. NOTICE TO SELLER AND BUYER: .. : ,., ->i .: · .. ·, (1)Broker advises Buyer to have an abstrac;t.0,f title covering, the Property examined by an attorney ofBuyer's selection, or Buyer should be fu'rnished w,ith o� obtairi a Title Policy. If a Title Policy is furnished, t�e_ C?mmitment sho�ld be pr<?mptly.,,reyJeyve�:bY _an attorney of Buyer's choice due to the timehm1tat1ons on Buyer's right to obJect. .. , ... · ... (2)If the Property is situated in a. utility or other statutorily created district providing water, sewer, drainage,or flood control facilities and services, Chapter 49 pf.Jr�, Jexij;; Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the "tai( rate, bonded indebtedness, or standby fee of thedistrict prior to final execution of this contract. . . (3)If the Property abuts the tidally influenced waters 9f the �tc;1.t.e;: Section 33.135, Texas Natural Resources Code, requires a notice regarding coastal ar.ea property.to be included in the contract. An addendumeither promulgated by TREC or required by the parties should be used. (4)Buyer is advised that the presence of wetland�, toxic suqstances, including asbestos and wastes orother environmental hazards or the presence· of aJhre�t�ned or endangered species or its habitat may affect Buyer's intended use of the Property ... If Buyer is concerned about these matters, anaddendum either promulgated by TREC or required.,&y.:.£he parties should be used. Initialed for identification by Buyer#-(z..,.. and Seller . -� .. �:: .. : \': ·:--":; ;., , •:·. �� l ;_ .. ·.,.;:':· . .-·: :i-�-: ,..,,, �;t .��.:. 01A TREC NO. 9-4 Unimproved Property Contract Concemin =-------------,,--...----------------Page Four 11-8-99 (A�dress of Property) ..,_ (5) If the Property is located outside the limits of a municipality; Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or la.terJ,�: i�.cl�_ded in the extraterritorial jurisdiction of a municipality and may .now or later be subject ·to. ·ahri'eixation· by the municipality. Each municipality maintains a map that depicts its boundaries and extratE)rritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jufisdicti6n'6r-·is likely to be located within a municipality's extraterritorial jurisdiction, contact aH municipalities located in the general proximity of the Property for further information. · (6)Unless expressly prohibited in writing by the_parties, _Sell�r n:,ay continue to show the Property for sale and to receive, negotiate and accept back-up offers:.... . -'· 7.PROPERTY CONDITION:.t' .· .··· .. · .. A INSPECTIONS, ACCESS AND UTILITIES: Buy�r mai�a".'e._the Property inspected by an inspector selected by Buyer, licensed by TREC or otherwise pe_n:niMd by law to make such inspections. Seller shall permit access to the Property at reasonable times for (nspection, repairs and treatment and for reinspection after repairs and treatment have been comp_leted. Seller shall pay for turning on utilities for inspection and reinspection. · · · · B.ACCEPTANCE OF PROPERTY CONDl:TION:: NO.TICE: Buyer should determine the availability of utilitiesto the Property suitable to satisfy Buyer's needs. ·(check one.box only): 0 (1) In addition to any earnest money deposited with escrow agent, Buyer has paid SeHer $ ______ (the "Option Fee") for the unrestricted right to terminate this contract by giving notice of termination to Seller within __ · days after the effective date of this contract. If Buyer gives notice of termination within the time si;t�c.if:i.e9.;'.tfi� Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. If Buyer ·does not give notice of termination within the time specified, Buyer will be deemed to have �IX�pted theProperty in its current condition and the Option Fee O will O will not be credited to'the·:Sales Price at closing. !xi (2) Buyer accepts the Property in its pres·ent 'condition·. 8.BROKERS' FEES: All obligations of the parties fo�,paY,ment qf brokers' fees are contained in separate• • ,. •·•'-•I.• , .. • written agreements. · _ .... , . . . . 9.CLOSING: The closing of the sale will be on or before Aiigi:i_�t. 12, 2002 , or within 7 days after objections to matters disclosed in the. Commitment or by the survey have been cured,whichever date is later (the Closing Date). If financing or_assiimption·approval has been obtained pursuant to Paragraph 4, the Closing Date will be extended up to 15 days if necessary to comply with lender's closing requirements. If either party fails_!<? close t�i.s S?le byth�.Cl_o�irig Date, the non-d�fayltingJ�artywi!I be e11titl�dto exercise the remedies contained in Paragraph 15. At closing Seller shall furnish tax statements orcertificates showing no delinquent taxes and. a,.gener-al warrant,f:deed conveying good and indefeasible title showing no additional exceptions to those permitted in Paragraph 6. 10.POSSESSION: Seller shall deliver posses'sior(of the' Propert/to Buyer at closing and funding. 11.SPECIAL PROVISIONS: (Insert only factual statements and.business details applicable to this sale. TREC rules prohibit licensees from adding factual statement.s-.or,busih�ss details for which a contract addendum,lease or other form has been promulgated by TREC for mandatory use.) --� ---- Initialed for identification by Buyer/;.:.( w �l ·:•\' .. ·.· ,-:, .• ' •• ,·� ,,.Ir• ..• '! '••" r, •�•;;· . '• :.: and Seller ___ _ :·•� �-;_!,(,; ,;.,, . ;� .. '� • ·£:":,;· .-�::. . · .. :·�.. . ' .. �> 01A TREC NO. 9-4 ' .· ..'• Unimproved Property Contract Concerning ... , .. --• ·"· Page Five �;f .SE�TLEMENT AND OTHER EXPENSES: (Add�ess _of Pr9perty) 11-8-99 A The following expenses must be paid at or prior to dosing: . .,.,(1)Appraisal fees will be paid by _____ · __ . __ . _______________ .(2)The total of loan discount fees may not exceed · % of the loan . of which Seller shall pay ______ and Buyer shal l pay ;ti'ie -remainder. The total of any buydown fees may not exceed ______ which will be paid . by ________________ . (3)Selle;'s Expenses: Releases of existing liens, incl,uding prepayment pe nalties and recording fees;release of Seller's loan liability; tax statements .or certificates; preparation of deed; one-half of escrow fee; and other expenses stipulated t9 be pa'i.d by Seller under other provisions of this contract. . . . ·. (4)Buyer's Expenses: Loan applicatio n, origir.iation :and '.commitment fees; loan assumption costs; preparation and recording of deed of trust to secure assumption; lender required expenses incident to new loans, including preparatior:i of loanidocuments, recording fees, tax service and research fees, warehouse or underwriting fees, copies· of restrictions and easements, amortization schedule, premiums for mortgagee title policies and endorsements required by lender, credit reports, photos; required premiums for flood and hazard insurance; required reserve deposit for insurance premiums and ad valorem taxes; interest on :all monthly installment notes from date of disbursements to one mo nth prior to dates .,oMrst ,:n_qnt.hly payments; one-half of escrow. fee; andother expenses stipulated to be paid by Buyer ·under other provisions of this contract. B.If any expense exceeds an amo unt expressly stated in this contract for such expense to be paid by aparty, that party may terminate this contract unless the'.·other party agrees to pay such excess. In no event will Buyer pay charges and fees expressly .prohibited by governmental loan program regulations. I 13, PRORA TIONS AND ROLLBACK T,OJ(ES: A P..RORA TIONS: Taxes for the current year, inte.r.es( ·mai�te�ance fees, assessments, dues and rentswill be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when · t�)(statements for the current year are available. If.a loan is assumed and the lender maintains an escrow account, the escrow account must be transferred to Buyer without any deficiency. Buyer shall reim,bl:lrse Seller forthe amount in the transferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the current year, .•. ;: .. ,.r, �· ... · ., • · B.ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessmentof additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in--Assessments for periods prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will surviveclosing. ,; �-J: ,;•:·•·: .. •,,• .. -!;' 14.CASUAL TY LOSS: If any part of the Property 1!s'Cfamaged or destroyed by fire or other casualty loss after the effective date of the contract, Seller shall restore the Property to its previous condition as soon asreasonably possible, but in any event by the c·Io sj0,g O.ate .. )($eller fails to do so due to factors beyond Seller's control, Buyer may either (a) terminate .this contrac.t.and the earnest money will be refunded toBuyer (b) extend the time for performance up to .15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damage� conditj9 .n and accept an assig nment of insuranceproceeds. Seller's obligations under this paragraph'·are ·independent of any obligat ions of Seller underParagraph 7. · .. •·: 15.DEFAULT: If Buyer fails to comply with this contrc{8t, ·s □yer\�m be in default, and Seller may either (a) enforce specific performance, seek such other reli�f.,a:�:m,_ay}e provided by law, or �oth, or (b) t�rminatethis contract and receive the earnest money as liquidated aarnages, thereby releasing both parties from this contract. If, due to factors beyond Seller's contiof;·,s.elledails within the time allowed to make any non-casualty repairs or deliver the Commitment, Buyer 'rrjay_ejther ( a) extend the time for performance up to 15 days and the Closing· Date wifl be e.�$!1�ed �q necess_�·!Y ·or (b) terminate this contract as the sole remedy and receive the earnest money. If Se)ler f?ils to comply with this contract for any other reason,Seller will be in default and Buyer may eiJhe((�) enforce spe�ific performance, seek such other relief as may be provided by law, or both, or (b) terminate this.contract and receive the earnest money, thereby releasing both parties from this contract . ,;,. Initialed for identification by Buyer,S'.Y,?J and Seller::t'-+-.s:,/i'�.:�·,;: ·:;· .' :� . . . � ( . ,:, ., :.. . � ... � . .:,:,ti•;.. �''•,, : 01A TREC NO. 9-4 ··-,;:: .. ·.: ,.·. Unimproved Property Contract Conceming, ____________________________ Page Six 'i i-8-99 (Address of Property) , ' H5': DISPUTE RESOLUTION: It is the policy of the-State pf. Tex�s to encourage the peaceable resolution of disputes through alternative dispute resolution proced0ures:·'-fh;/parties are encouraged to use an addendumapproved by TREC to submit to mediation disputes w�ich cannot b.e resolved in good faith through informal discussion . · ., .. :· , .. . •-;,;,.t, .. :-'_ { ... = : ...... : .. : -17.ATTORNEY'S FEES: The prevailing party in any legal' proc,eeding-brought under o; with respect to the transaction described in this co ntract is entitled to recovedrom the non-prevailing party 'all costs of such proceeding and reasonable attorney's fees. ·· · · ·· : · \·•: •• 'j �-=t�. 18.ESCROW: The earnest money is deposited with escrow agent with the understanding that escrow agent is not ( a) a party to this contract and does not have any ·'li�oility 1of the performance or nonperformance of any party to this contract, (b) liable for interest on the earnest mo·neYand (c) liable for any loss of.earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing;.the earnest money must be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agen_t from all parties. If one party makes written demand for the earnest money, escrow agent shall gfve notice ·of the demand by providing to the other party a copy of the demand. If escrow agent does no t recejV,e,Written .objection to the demand from the other party within 30 days after notice to the other party, escrow·ag:enfhiay disburse the earnest money to the party making demand reduced by the ·amount of unpaid �xp�n�ef \n_curred on behalf of the party receiving the earnest money and escrow agent may pay the same to, the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases·esqrow agent from all adverse claims related to the disbtirsa I of the earnest money. Escrow agent's notb{fo. the ·oi.he.r: party will be effective when deposited in the U. S. Mail, postage prepaid, certified mail, retu� tec�fpt re�i:ie'sted, addressed to the other party at such pc!rty'S address shown below. Notice of objection to 'tl'l'e'deniar:i9 will be deemed effective upon receipt by escrowagent. ___ :_ . .': ·.: ... ... • • - i, Q 19.REPRESENTATIONS: Seller represents t�a,t �{ qf the Clc;ising°c:>ate ( a) there will be no liens, assessments, or sec urity interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loc3_ns will not be in default. If any representation in this contract is untrue on the Closing Date, this con�i:c!ct may be terminated by Buyer and the earnest mon�_y will be refunded to Buyer. All r�pre�entations' cori_tliifri�c f ih .tJ:iis contract will survive closir.ig. : . . ... � ,• · .. :: ..... 20.FEDERAL TAX REQU!REMENT: If Seller is a "foreign persdtr,·as defined by applicab_le law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. IR S regulatior:is r�q_yir�.fVi11.g.yyritten reports if cash in excess of specified amoun ts is received in the transaction. ·:,: 21.AGREEMENT OF PARTIES: This contract conta/r,s the'_;°e;;�ire agreement of the parties and cannot bechanged except by their-written agreement. Addendq \'.Y�i�h-.. �y� a part of this contract are (list): ___ _: :· . .. . . .:\:. ·,;:• .... :;::. . -�. ':·:·.:-:. �-· . :-'. 22.CONSULT YOUR ATTORNEY: Real estate licensees cann;t.give legal advice. This contract is intended . to be legally binding. READ IT CAREFULL Y.:lfyou dd not understand the effect of this contract, consult yourattorney BEFORE signing. · · ' · · �-"·'• ...... · Buyer's . Seller's·'.---Attorney is: : �Atteqiey :is: Initialed for identification by Buyer�iJ .;. and Seller --,---.,-,,.._,.,,_ a<'"'"-' . .:. \/ . .., �-�--�. ' ·•:·,· . :, ':"·� .... ('•• 01A TREC NO. 9-4 Unimproved Property Contract Concernin ·' ·: ,' Page Seven 11-8-99 (Address _?f Property) 23., .NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, --. ·· hand-delivered at, or transmitted by facsimile machio�� c3S}O.li9\YS:: ...To Buyer at: 0 /To Sell.er:_.�t: City of Friendswood 910 S. Friendswood Dr. Friendswood, Texas 17546 �.'. :.·.::'·jj_·: i :=:Brown, Jr. 323 Springfield Dr. Angleton, TX 77515 .•,, •:'i, Telephone: (.lfil) 996-3200 · · · ·· ; : Telephone: (979 )""""88""'"'8_-_2_78--7 ______ _ Facsimile: (1.fil_)_9...,.9<...::6 .... -.,..32=6a..=5'--------Facsin:iile: (_) _________ _ Buyer . :.,? .. �.;--�. t .. ' ·:\. . (THE EFFECTIVE DATE). (BROKER: FILL ---· · 1cE.) Seller . ·-· Seller •,, ----·---------------- The form of this contract has been approved by the Texas Real Est;t_� ¢6ril�'is�ion. Such appro val re lates to this contract form only. TREC forms are Intended for use only by trained real estate'.licehsees·, No representation Is made as to the legal validity . or adequacy of any provision in any specific transaction. !tis not suitab!e for·im:pfax trar.sac!icns. Extensive riders or additions I are not to be used. Texas Real Estate Commission, P.O. Box 121:8.8;_;\ustin •. TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC NO. 9-4. This form replaces TREC NO. 9-3. · BROKER INFORMATlbN AND.0 RATJFICATION OF FEE Listing Broker has agreed to pay Other Broker -·"· of the total sales price when listing Broker's feeis received. Escrow Agent is authorized and directed to pay Other Broker from Lis�ng Broker's fee at closing. Other Broker License No. represents O Seller as Listing Broker's subagent 0 Buyer only as Buyer's agent Associate Telephone Broker Address Telephone Facsimiie ' j•··.:·'.;' Listing Broker represents .••:·· ,· \ ... listing Associate ..:: .•.. ,S.�(!irw)\s.sociate . •. :,:-• \":"'. • .. h!:_.:,.,.:· .. ·:; . . ..... �-: ;'·'-,·13�6ker Address .;, Telephone RECEIPT License No. 0 Seller and Buyer as an intermediary 0 Seller only as Seller's agent Telephone Telephone Facsimile Receipt of O Contract and D $. ____ Earnest Money in the f91JT1 _,of is acknowledged. -:-�i=� .... t�•-' ;;• ....... .. Escrow Agent: _________ _,_ ________ _ : .. Date: ___________ _,_ ___ _ By:. _________________ _ Telephone: (__j ___________ _ Address City State Zip Code .. . 'Facsimile: (__j ___________ _ .,:"j '.• • ..... ·r-01A TREC NO. 9-4 ··:: •. •.'.' ·;':',"; :··,, .:::.:,. ·. ' l 7/11/02 cc: M&CC §alcr£1ton County Con10Lidat£d (]:jiaina9£ 2:)i1tiict P.O. BOX 607 • PHONE (281) 482-0404 • FAX (281) 482-8505 FRIENDSWOOD, TEXAS 77549-0607 July 8, 2002 -;�<c.;rs·g ,oi;.,, 'l\r.. + 1�-- ' .) ·/. 0v J . Or-Ul 2!'.,. - . Cfli"�-c ,,,,;,__., £1 � , . .0 ·o OF t,r.-_; i-f"J .Ctf'i FR/£.f./{) t..O �� ;-::i � . lr:1,NAG 'SWoo!) ::-"· \-� 'cR .!...:-ti -<c>9, ,,;,,· .. </,t;zb -r-'1'i·�':-�"' �--··· Mr. Ron Cox, City Manager City of Friendswood 910 S. Friendswood Dr. Friendswood, Texas 77546 Dear Mr. Cox: The Board of Directors approved the participation in acquiring Lot 39 in Imperial Estates at the March 26, 2002 meeting. They have agreed to pay half of the price of the lot and half of the closing costs. Sincerely, ,r) 1 / (:l -v, -��o l {; ,-: (-,. ,.c I_· David Kocurek General Manager From the desk of: C.F Qrown,Jr. ti k%%° 00I "I Ab O 29 02 u� �� l X � -€.J:· -. - ��v�":•;.•_,"'::;.., PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominfum Transactions 11-8-99 ·1. PARTIES: C. F. Brown, Jr. and convey to City a£ Fri epdswood to buy from Seller the property described below. (Seller) agrees to sell (Buyer) and Buyer agrees 2.PROPERTY: Lot 39 , Block Imperial Estates Ill Addition, City of Friendswood , -Harris County, Texas, known as Lot 39, Imperial Estates 2 Friendswood, Texas 77546 (Address/Zip Code), or as described on attached exhibit, (the Property). The Property D is aa is not s1,1bject to mandatory membership in an owners' association. The TRE·c Addendum For Property Subject To Mandatory Membership In An Owners' Association D is O is not attached. NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community in which t'.e PiOperty is located, you are obiigated to be a member of an owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners' association. The amount ofthe ·assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. 3.SALES PR!CE: A. Ca-sh portion of Sales Price payable by Buyer at closing _-.. _-. . . . . . . . . . . . . . . . . . $._...,5 o....,,....,Q ..... Q'-'-'Q __ _ B. Sum of all financing described below .................... ·_-................ $. __ ___., __ _ C. Sales Price (Sum of A and B) ........................................... $ SQ, QQQ I!. FINANCING: Within __ days after the effective date of this contract Buyer shall apply for all third party financing or noteholder's approval of any a:;;�_1.�mption and make every reasonable effort to obtain financing or assumption approval. Financing or assumption.approval will be deemed·to have been obtained when the lender determines that Buyer has satisfied ail of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). If financing 9r assumption approval is not obtained within ___ days after the effective date hereof. this c9�t�c:2�t 1«i,l.!-.t_erminate and the earnest money will be refunded to Buyer. Each note to be executed hereu ncjer rr:iys� b,e.�ecured by vendor's and deed of trust liens. The portion of Sales Price not -payable in cash will be paid as follows: (Check applicaple5oxes below) 0 A THIRD PARTY FINANCING: . . □(1) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed __ % of the Sales Price, evidenced by a third party first lien promissory note of not less than $ _______ , due. in -full in,•--year(s), with interest not to exceed__ % per annum for the first __ .. year('s)• ·of. the loan. D (2) This contract is subject to approval for· Buyer of a third party loan in an amount not to exceed __ % of the Sales Price, evidenced by a third party second lien promissory note of not less than $ _____ , du� in __ full in _year(s), with interest not to exceed __ % per annum for the first __ year(s) of the loan. □B. SE LLER FINANCING: A promissory note from Buyer to Seller of $. ____ _, bearing __ % interest per annum, secured by vendor's and deed of trust liens, in accordance with the terms and conditions set forth in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is .furnished, Buyer shall furni$b .. Seller with a mortgagee policy of title insurance. □C. ASSUMPTION:,;.; . :" : · · · . D (1) Buyer shall assume the unpaid principal ba'Iance of a first lien promissory note payable to �� which unpaid balance at closing will be $ ______ . Jh·e. total, current monthly payment including principal,interest and any reseNe deposits is$ · . .-, ... . Buyer's initial payment will be thefirst payment due after closing. Initialed for identification by Buyer Jd.J.i,;Z and Seller GFY;? 01A TREC NO. 9-4 ;��;.,�: ;,·,:/��•◄; r-�. . • ,. :'•,• , ... , .. ·' ·I Unimproved Property Contract Concemin."-----------------,------------Page Two 11-8-99 {Address of Property) ' -- •.. :· N/ A D (2) Buyer shall assume the unpaid principal .balance of a second lien promissory notepayable to · .. · ... : -.. • · which unpaid balance at closing will be $ -. . · �-. The total current monthly payment. including pri'ncipal, interest and any reserve deposits ,is $ · . Buyer's payment will be the first paym�nt due after closing,. Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securingthe note. , . . · · . . 1 If the unpaid principal balance(s) of any assumed loan(s) as of the Closing-Date varies from the loan balance(s) stated above, the D cash payable at closing D Sales Price will be adjusted by the amount of any variance; provided, if the total principal balary1;:e of all:;:isst.imed loans varies in an amount greater than $350.00 at closing, either party may terminate· tliis contract and the earnest money will be refunded to Buyer . unless the other party elects to-'e1iminate the excess in the variance by an appropriate adjustment at closing. If the noteh_older requires (a) payment of an assumption fee in excess of $ ----:----in C(1) above or$ . .,--,------in C(2) above and Seller declines to pay such excess, or (b) an increase in the interest rate to more than ___ % in C(1) above, or ___ % in C(2) above, or ( c) any other rri9dification of the loan documents, Buyer may terminate this contract and the earnest money will"b'Ef reflihded to Buyer. A vendor's lien and deed of trust to secure assumption will be required which __ shall aptomatically be released on execution and delivery of a release by noteholder. If Seller is released from 'liability on any assumed note, the vendor's lien and deed of trust to secure assumption will .�pt}J'�_f�,qp_ir�d. .. NOTICE TO BUYER: The monthly payments, .rnterest'rates or other terms of some loans may be adjusted by the lender at or after closing. If you ?1re:.concerned about the possibility of future adjustments, do not sign the contract without ex.amirjirig �h� notes and deeds of trust. NOTICE TO SELLER: Your liability to paX the i:i�te assLii,r.led by Buyer will continue unless you obtain --a release of liability from the lender. If you are concerned a·�out future liability, you should use the TREC Release of Liability Addendum. I A O D. CREDIT APPROVAL ON ASSUMPTION. OR .SE;LW;R FINANCING: Within ___ days after the effective date of this contract, Buyer shall deliver.Jo Seller D credit report D verification of employment, including salary □ verification o1 funds:,On: .deposit in financial institutions O current financial statement to establish Buyer's creditworthi'nes's or assumption approval or seller financingand D .. _... · · .. · -· .. · If Buyer's documentation is not delivered within-the specified time, Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If this contract is n9t so t.erminated, Sell.er will be _deemed .to ba\le accepted-Buyer:s credit. lfth -e documentation is timely delivered 1 ; and _ SE?,ller determines in Seller's sole discretion that Buyer's credit is unacceptable, Seller may termih.ate this. contiact by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money-will be refunded to Buyer. If Seller does not so terminate this contract, Seller will be deemed .to ·have ·accepted Buyer's credit. Buyer hereby authorizes any credit reporting agency to fumi$h :to Seller.c1t. E?uyer's sole expense copies of Buyer'.s credit reports. .,' .. /:i�'.:-t, <'. _; .. 5.EARNEST MONEY:Buyer shall deposit$ 1,000 i .;_:::_��· �ii�de.�t money with Carolyn Davis, Escrow Officer at _L�a�wy;:......,;e �r�s;__:TI�-i�·t�·1��-·�c�om_p�·a�n�y'--____________ _ (Address), as escrow agent, upon execution of this.:contract;.by both parties. Additional earnest money of$ NIA must be deposited by Buyer wfth escrow·agent on or before ________ _, If Buyer fails to deposit the earnest,r,riqriey as required by this contract, Buyer will be in default. \ , . ':. ..... ·. 6.TITLE POLICY AND SURVEY: fi A.TITLE POLICY: Seller shall furnish to Buyer at O.Sellei-'.s'. I;;! Buyer's expense an owner policy of titleinsurance (the Title Policy) issued by Lawyers Title. Comp an y .(theTitle Company)'in the amount of the Sales Price, dated. qt or after closing, insuring Buyer against lossunder the provisions of the Title Policy, �ubject to' the·"pfomulgated exclusions (including existingbuilding and zoning ordinances) and the following exceptions: :.· (1)Restrictive covenants common to the platted subdivision in which the Property is located.(2)The standard printed exception for standby·fees ., tax'e$ and assessments. Initialed for identification by Buyer� and Seller :i<?ifz,,·-'\� ·.01A TREC NO. 9-4 .:_., '.· .. .:::;,.;°'.'_;,�"/''' . :: ,: . . . , : \- :-· · ... Unimproved Property Contract Concemin_,_ ________ :---:-,,-..-,-,,:-,--�---,-------Page Three . •. ''(Address of P.roperty) 11-8-99' ..,• •.·. (3)Liens created as part of the finanGing:described in Paragraph 4.(4) Utility easements created by the dedication deed or plat of the subdivision in which the Propertyis located.,, ,, .. . •, ·· .. • . (5)Reservations or exceptions otherwise 'permitted 'by'this <;:ontract or as may be approved by Buyerin writing.(6)The standard printed exception as to discrepanci�s, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping Tmp·rovements. (7)The standard printed exception as to marital rights: ':· · (8)The standard printed exception as to waters, tideiarids, beaches, streams, and related matters.Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing e.�ceptions i1;1 the Commitment other than the standard a.printed exceptions. Seller authorizes the Title · Ccimpaiiy fo mail or hand deliver the Commitment and C fV related documents to Buyer at Buyer's address sh·own below. 'If the Commitment is not delivered to Buyer l within the specified time, the time for delivery will be automatically extended up to 15 days. �lZ'B. SURVEY: (Check one box only) • . : . · : , . • · . 0 (1) Within 20 days after the effective-date"dftl:iis"contract, Buyer shall obtain a survey at Buyer's expense. . · · . •.; . · . 0 (2) Within __ days after the effectiye dateiof'.this.contract, Seller shall cause a survey to be delivered to Buyer at Seller's .. �xp�nse.;:·· ·;.:-□(3) Within __ days after the . effectiv� date of this contract, Seller will deliver to Buyer theexisting survey plat of the·Prap�rty datE?d ___________ _, ___ _, which □will D will not be recertified to a date ·subsequent to the effective date of this contract atthe expense of D Buyer O Seller. · · · The survey must be made by a Registered ,erofessi_qn�I Land Surveyor acceptable to the Title Company and any lender. . .. ... · Buyer may object to existing building and zoning ordinances., ·items 6A(1) through (8) above and matters shown on the survey if Buyer determines that any·such·ordiri'aii·ce, items or matters prohibits the following use or activity: Open Space and Drainage·., � Buyer will have 7 days after the receipt of the latter"of'Jh� Gornmitment or survey to object in writing to matters disclosed in the Commitment or survey. Buyer's failure to' object under Paragraph 6 within the time allowed will constitute a waiver of Buyer's right to object; -ex�pt tha_t the ·requirements in Schedule C of the Commitment will not be deemed to have been waived. Self'et'shall cure the timely objections of Buyer or any -third-party lender within 20 days after·Seller receives·the .objections and the Closing Date will be extendedas necessary. If objections are not cured by the exte·nded"Closing Date, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer elects to waive the objections. NOTICE TO SELLER AND BUYER: .. : ,., .. >, .. · · .. :(1)Broker advises Buyer to have an abst�ac;;t.qf ti�le covering, the Property examined by an attorney ofBuyer's selection, or Buyer should be fu'rnished w.ith o� obtai,ri a Title Policy. If a Title Policy is furnished, t_he_ C?mmitment shot:ld be pr<;>mptly,r�yjeVJe<;i '. by .an attorney of Buyer's choice due to the time llm1tat1ons on Buyer's nght to obJect. · · .. , ... · . . (2)If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage,or flood control facilities and services, Chapter 49 pf.J!1§, Jex;a:5 Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the ·tax· rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. . . (3)If the Property abuts the tidally influenced waters 9f the $.tc1.t,e,: Section 33.135, Texas Natural ResourcesCode, requires a notice regarding coastal ar:ea .property .to be included in the contract. An addendum either promulgated by TREC or required by the parties should be used.( 4) Buyer is advised that the presence of wetland�, tpxic suqstances, including asbestos and wastes or other environmental hazards or the presence of a :thre�tened or endangered species or its habitat may affect Buyer's intended use of the Proper!f. If_ !3)'.iyer is concerned about these matters, an addendum either promulgated by TREC or required . .by.the parties should be used. Initialed for identification by Buyer� and Seller ·. (.,;@.�--' .. :.::e:·_::··_: '. .. :/ ;;'.·:.:·;:> "�-,": _,,.:"·: .�.: ! •; .. ·�! . . �·.• .. ,,. ... .· ... [ ,-. :;,:: 01A TREC NO. 9-4 •. ( Unimproved Property Contract Concemin:,_ _______ ...,..._....,..__,,-,-----,,--------------Page Four 11-8-99 . (Address of Property) .,. (5) If the Property is located outside the limits of a municipality", Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or l(?t�r, p�;.iQ.cl,!Jded in the extraterritorial jurisdiction of a municipality and may .now or later be subject ·to. ·arfrie:xaticin· by the municipality. Each municipalitymaintains a map that depicts its boundaries and extrat�rritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jufisdicti6ri'ofis likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. · (6)Unless expressly prohibited in writing by the _parties, _Sell�r-[Day continue to show the Property for saleand to receive, negotiate and accept back-up offers:··:· - -·'. 7.PROPERTY CONDITION: .• . . A INSPECTIONS, ACCESS AND UTILITIES: Buyer may."have the Property inspected by an inspectorselected by Buyer, licensed by TREC or otherwise perr:nittid oy iaw to make such inspections. Seller shall permit access to the Property at reasonable times for (iispection, repairs and treatment and for reinspection after repairs and treatment have been completed. Seller shall pay for turning on utilities for inspection and reinspect!on a . . . · B. ACCEPTANCE OF PROPERTY CONDIXION:: NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. ·(check one.box only):0 (1) In addition to any earnest mone'y deposited with escrow agent, Buyer has paid Seller $. ______ (the "Option Fee")for the unrestricted right to terminate this contract by giving notice of termination to Seller within __ · days after the effective date of this contract. If Buyer gives notice of termination within the time sp,�cifI�9_;-tfi� Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. If Buyer does not give notice of termination within the time specified, Buyer will be deemed to have ?9C?pted theProperty in its current condition and the Option Fee O will □ will not be credited to·th'e·:Sales Price at closing. 5a (2) Buyer accepts the Property in its pres·ent 'condition'. 8.BROKERS' FEES: All obligat ions of the parties fo� ,payment qf brokers' fees are contained in separatewritten agreements. · ·_ :.:;:·:--· .·. ·· 9.CLOSING: The closing of the sale will be on orbefor.e Augi:i�t. 12, 2002 , orwithin 7 days after objections to matters disclosed in the. Commitment or by the survey have been cured,whichever date is later (the Closing Date). lffinancin_g or_assumption·approval has been obtained pursuantto Paragraph 4, the Closing Date will be extended up to 15 days if necessary to comply with lender's closingrequirements. lf either party fails to close this sale by the .Glo�i11_g Date, tI:ie non-d�fa1,,Jlting_ga_rty will be entitledto exercise the remedies contained in Paragraph 15. At dosing Seller shall furnish tax statements orcertificates showing no delinquent taxes and. a,.general warranty,.-deed conveying good and indefeasible titleshowing no additional exceptions to those permitted in Paragraph 6. 10.POSSESSION: Seller shall deliver posses·sion·of the'Propert/to Buyer at closing and funding. 11.SPECIAL PROVISIONS: (Insert only factual statements and-business details applicable to this sale. TRECrules prohibit licensees from adding factual statement�.or,buslh�ss details for which a contract addendum,lease or other form has been promulgated by TREC for mandatory use.) Initialed for identification by Buyerto/�tv .. : ,. .:·� .;:!.: ...• � �1 ":•1,� '! ..... -, '·;:·;•\ • ��I . ·:' .: and Seller etc,. __, -� .... ·� :·• � :> :).;(-;, b·. ,. ·'' ,·::,r·.-�.. � · .... i � .. .. �!f• �:=;� ... :-;� i-.. t" .-;·, :.:��!,-. 01A TREC NO. 9-4 Unimproved Property Contract Concerning .. .,,. '. : •, :·::, ·' · • ·.. Page Five �;f -SE�LEMENT AND OTHER EXPENSES: (Address _9f Pr9perty) 11-8-99 A The following expenses must be paid at or prior to d9s1ng·; .. , .. (1)Appraisal fees will be paid by _____ ·--:-· --·---,----:--,-------------(2)The total of loan discount fees may not exceed · % of the loan . of which Seller shallpay ______ and Buyer shall pay �the --remainder. The total of any buydown fees maynot exceed ______ which will be paid by ________________ . (3)Sellers Expenses: Releases of existing liens, incl,uding prepayment penalties and recording fees;release of Seller's loan liability; tax statements .or certificates; preparation of deed; one-half ofescrow fee; and other expenses stipulated to be pa'i.d -by· Seller under other provisions of thiscontract. .... ·. · (4)Buyer's Expenses: Loan application, origir.iation :and '.commitment fees; loan assumption costs;preparation and recording of deed of trust to. secure assumption; lender required expenses incident to new loans, including preparatior.i of loan:documents, recording fees, tax service and research fees, warehouse or underwriting fees, copie!fof restrictions and easements, amortization schedule, premiums for mortgagee title policies and endorsements required by lender, credit reports, photos; required premiums for flood and hazard insurance; required reserve deposit for insurance premiums and ad valorem taxes; interest on ;al( monthly installment notes from date of disbursements to one month prior to dates,QMrst" i:npnthly payments; one-half of escrow fee; and other expenses stipulated to be paid by Buyer ·under other provisions of this contract. B.If any expense exceeds an amount expressly stated in this contract for such expense to be paid by aparty, that party may terminate this contract unless the: other party agrees to pay such excess. In noevent will Buyer pay charges and fees expressly .prohibited by governmental loan program regulations. 13.PRORA TIONS AND ROLLBACK T.AXES:.. � . , , . ., .... , A P.RORA TIONS: Taxes for the current year, interest;-:maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when·t�D<:-statements for the current year are available. Ifa loan is assumed and the lender maintains an escrow account, the escrow account must be transferred to Buyer without any deficiency. Buyer shall reim.burse Seller for-the amount in the transferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the current year;,�-::-.,,\".�· .. · .,. • B.ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessmentof additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments willbe the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a specialuse valuation on the Property claimed by Seller results in•-Assessments for periods prior to closing,the Assessments will be the obligation of Seller. Obligations imposed by thfs paragraph will surviveclosing. .; �-;: . �-;· { _. .... ,,•;{i . 14.CASUAL TY LOSS: If any part of the Property is ·aai'n'aged or destroyed by fire or other casualty lossafter the effective date of the contract, Seller sh�II restore the Property to its previous condition as soon as reasonably possible, but in any event by the Clos.io.g O.ate .. .Jf�eller fails to do so due to factors beyond Seller's control, Buyer may either (a) terminate.this contraci,and the earnest money will be refunded to Buyer (b) extend the time for performance up to· 15 days and the Closing Date will be extended as necessary or ( c) accept the Property in its damaged cond ition and accept an assi gnment of insurance proceeds. Seller's obligations under this paragraph\ire ·independent of any obligations of Seller under Paragraph 7. . . · . . . . ·'! 15.DEFAULT: If Buyer fails to comply with this contrcih, B0ye/0m be in default, and Seller may either (a)enforce specific performance, seek such other relfef.,a:�;ITlayJ>.e provided by law, or both, or (b) terminatethis contract and receive the earnest money as liquidated ·crafTlages, thereby releasing both parties fromthis contract. If, due to factors beyond Seller's controi;•:s.elle'r'lails within the time allowed to make anynon-casualty r_epairs or deliver the Commitmer:it B t.iyer foay_e�her ( a) extend the time for performance upto 15 days and the Closing Date will be e.��nged �� necesq�·ry ·or (b) terminate this contract as the soleremedy and receive the earnest money. If Seller fails to com ply with this contract for any other reason,Seller will be in default and Buyer may e(tqe((�) enforce spe9ific performance, seek such other relief asmay be provided by law, or both, or (b) terminate this.contract and receive the earnest money, therebyreleasing both parties from this contract. . ,,.,. Initialed for identification by Buyer�N and Seller'.:'s�iQJ2 �•:,;.·. < · . . . • . ·. ! . -�, ., ... ' w . -" ..., �•/.� l ;;. . J ... 01A TREC NO. 9-4 . ·: ·::::.:.:�· ·.t 1-·· Unimproved Property Contract Concemin,,_ ___________________________ Page Six 11-8-99 {Address of Property) 1s:' • DISPUTE RESOLUTION: It is the policy of the-State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution proced�r�S:-;Th�'parties are encou raged to use an addendum approved by TREC to submit to mediation disputes which cannot b_e resolved in good faith through informaldiscussion. .. . · ·. , · . · ., ... . ... . • • •. •�d-� :-'_ .� ... : \"._.,.;.:,, ; � 17.ATTORNEY'S FEES: The prevailing party in any legaf"proc�eding-brought under or with respect to the transaction described in this contract is entitled to recoverJrom the non-prevailing party 'all costs of such proceeding and reasonable attorney's fees: · · ·· · \): '. :,. .. . .. , . , 18. ESCROW: The earnest money is deposited with esctow agent with the understanding that escrow agent is not (a) a party to this contract and does nofhave any-'IiaBility for the performance or nonperformance of any party to this contract, (b) liable for interest on the eanie·st mo·neYand (c) liable for any loss of earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing·;-the earnest money must be applied first to any cash down payment, then to Buyer's closing costs and any excess -refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow ag�rit from all parties. If one party makes written demand for the earnest money, escrow agent shall give notice ·of the demand by providing to the other party a copy of the demand. If escrow agent does not recejy_e _v,vritten objection to the demand from the other party within 30 days after notice to the other party, escrow· ag,eiiftna:y disburse the earnest money to the party making demand reduced by the -amount of unpaid �xp�nses (n_curred on behalf of the party receiving the earnest money and escrow agent may pay the same to, the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases -escrow agent from all adverse claims related to the disbi:Jrsal of the earnest money. Escrow agent's notbtto· the ·qt):ler party will be effective when deposited in the U.S. Mail, postage prepaid, certified mail, returrqec�fpt re�ue/sted, addressed to the other party at such party's address shown below. Notice of objection to 'tfreaemai:id will be deemed effective upon receipt by escrow agent. · · · · ·· . . ,(•t: 19.REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or security interests against the Property whic"ti\.vi1i not be s-atisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loc:ips will not be in default. If any representation in this contract is untrue on the Closing Date, this cpr:itn=�Ct may be terminated by Buyer and the earnest mon�y will be refunded to Buyer. All representations· cont�fri�ci'in)bis contract will survive closing. � . . ...... · · .. :: . ,. � 20 cc:oERALTAXRc:0111RcMc:N-r-1 fs 11 • ,,. • ·, .. , •. , .• d fi db '"�b1, �·t s 11 f ·1 . , ... • , ... ..., , ,_, .... , , . , e ,er 1s a ,ore1gn person ., ·as e ine y app,ica . e ,aw, o, 1 e er a1 s 21. to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. IRS regulations r�qyir�.f�_if19.».'ritten reports if cash in excess of specified amounts is received in the transaction. AGREEMENT OF PARTIES: This contract contat8·s_th¢'_:er�re agreement of the parties and cannot be changed except by their written agreement. Addendc\ i,yhich.�re. a part of this contract are (list): ___ _: :· . ' . . . � ·,: . .;: • ... , :·:::: <. --�· •:�'.'.·:.·:···•. ---- • .-I • 22.CONSULT YOUR ATTORNEY: Real estate .licensees cannot-give legal advice. This contract is intendedto be legally binding. READ IT CAREFULL Y.:lfy,ou dd not understand the effect of this contract, consult your ·attorney BEFORE signing. · · ·· · :-·�_,,;._, .... · · ·Buyer's . . Seller's'\· Attorney is: :,:f\ttemey :is: --- Initialed for identification by Buyer�i.../ and Seller C-r'z .. _:;•_': ·· 01A TREC NO. 9-4 • �· i•.·: �-.. " ;·.�-.:-:. ·--:·.•• :i':··:.-: .... , Unimproved Property Contract Concemin · .· . : .• .-Page Seven 11-8-99 (Address _'?f Property) 23., .NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, ·, ·· hand-delivered at, or transmitted by facsimile machin.�. ij!9_ .f<?.ll pvys:; , ..To Buyer at: ,·,•To S-e!l.er_at: Cit,Y_Qf_Friendswood :/i>·.-:c_":-"i.�':Brown, Jr. 910 S. Friendswood Dr. 323 Springfield Dr. Friendswood, Texas 17546 Angleton, TX 77515 Telephone: (-2.fil) 996-3200 ··.•I•, • Telephone: (979 )-::::::�f-:7;;;-,.;;;2'-'-:7�8 7::.-=,;------- Facsimile: ( 281)-_9"'9"""6,_-.... 3=26"'-=5'-------. ·. 297'� -:;:?.. -J'i57 Facs1m1le: (_) __________ _ Buyer :.:� ; ,··\ ::. . �' ·_-;,:.; ____ . ___ , ; (THE EFFECTIVE DATE). (BROKER: FILL 3;) �i s7iler . � �/ � 1 · -'f?-w ,, .. -.: . . "X /I'� '1 ( '7 l,{FV------- The form of this contract has been approved by the Texas Real Estii·�� C�ifl�[ssion. Such approval relates to this contract form only. TREC forms are intended for use only by trained real estate'_licehsees, No representation is made as to the legal validity or adequacy of any provision in any specific transaction. It is not suitable forcompiex· transactions. Extensive riders or additions are not to be used. Texas Real Estate Commission, P.O. Box 121:88, Austin,.JX78711-2188, 1-800-250-8732 or (512) 459-6544(http://www.trec.state.tx.us ) TREC NO. 9-4. This form replaces TREC Nb. 9-3. sRoKER tNFoRMATibN �No.· .RATlF1cAT10N oF FEE Listing Broker has agreed to pay Other Broker -of the total sales price when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listjng Broker's fee at closing. Other Broker License No. represents D Seller as Listing Broker's subagentD Buyer only as Buyer's agent Associate Telephone Broker Address Telephone Facsimile .... ,. ... � :;: j• ;•'.!' Listing Broker represents ,\:•:·· . ·; )••� Listing Associ ate ::-.,, .. S.¢lliQ_g},$sociate. -::;,. : ·'.::::_-it<-?''':.,, .'· :·'-.·Br.oker Address .. Telephone '\ ••• � • '!.: .. RECEIPT License No.D Seller and Buyer as an intermediaryD Seller only as Seller's agent Telephone Telephone Facsimile Receipt of D Contract and D $ ____ Earnest Money in the f91]Tl __ of is acknowledged ..:-ri:.:,r..;_ ·.' .-:· ··•:, .... Escrow Agent:--'------------.,___ ____ _· .. Date: ___________ __._ ___ _ By. _____________________ _ Address Telep hone:(___) ___________ _ City State Zip Code .. •."Facsimile:(___) ___________ _··=��-. ... ·r 01A TREC NO. 9-4 -� _J:;_\ �-\;<tr.:/.·--·:..:·: .. --�- Letters Testamentary THE STATE OF TEXAS COUNTY OF BRAZORIA IN THE COUNTY COURT AT LAW NO. 1 & PROBATE COURT OF BRAZORIA COUNTY, TEXAS Cause No. 25,863 I, Joyce Hudman, Clerk of the County Court of Brazoria County, Texas, do hereby certify that on the 12th day of�' A. D. 2fill2, Charles F. Brown, .Jr. was duly granted by said Court Letters Testamentary of the Estate of .Janet A. Brown, Deceased, and that he qualified as Independent_ Executor of said Estate on the 12th day of .July. A.D., 2002, as the law requires, and that said appointment is still in full force and effect. Given under my hand and seal of office at Angleton, Texas, the 12th day of .July, A.D., 2fill2. �-J?-1 AT li>i,, " ••••• it, t ' •·· (S eal\·-. ��..., ', , . -. . ... ,'-.•*) •• ':' I .::: • P--r ..... . �-,:,: .. '!9) . , : 0; ....... � ! ; ·.. ,..,....,. . .• ••• . .... ,"> !;-......... . I�-.' ... Joyce Hudman, County Clerk Brazoria County, Texas �By: Mindy Burch , Deputy �,:·' is�' ;.�� "4' �-. � �it STATE OF TEXAS CERTIFICATE OF DEATH STATE ALE NUMBER 1. NAMEOF DECEASEO (o) FIRST (b) MIDDLE (c) LAST : (d) MAIDEN 2. SEX 3. DATE OF DEATH � JANET ANN BROWN i HARVEY FEMALE JUNE 13, 2002 � 4. DATE OF BIR"IH S. AGE IF UNDER 1 YR. IF UNDER 1 DAY 6. BIR"IH PLACE (CITY&STATEORFOR EIGNCD UNTRY ) 7. SOCIA!.. SECURITY NO. ; (INYEARS) MO DAYS HOURS MIN S JUNE 19 1933 68 DIAMOND, MISSOURI 450-50-4409� 8. RACE GI 9a. WAS THE DECEDENT 9b. IF YES, SPECIFY !MEXICAN. C08AN. PUERTO 10. WAS DECEDENT EVER IN OF HISPANIC ORIGIN? RICAN. ETC.) U.S. ARMED FORCES? □�raoo □-�00 11. EDUCATION (SPECIFY HIGHEST GRADE COMPLETEO. El.EM. OR SECONDARY (0-12) COi.LEGE (13-16. 17+) 16 s; CAUCASIAN -12. MARITA!.. STATUS 13. SURVIVING SPOUSE QF WIFE. GIVE MAIDEN NAME) 14a. DECEDENrS USUAi.. OCCUPATION 14b. KIND OF BUSINESS OR INDUSTRY 0 [XI MARRIED B NEVER MARRIED 0 ::, D WIDOWED DIVORCED CHARLES F. BROWN, JR. TEACHER ELEMENTARY EDUCATI N <11�-=e...;.;===---.:;,:,..:::..,-,:;c==----'-----------------'---------�--..L..-,,--------------1 GI 150. RESIDENCE STREET ADDRESS 15b. CITY OR TOWN � 323 SPRINGFIELD DRIVE ANGLETON I 1Sc.COUNTY £ BRAZORIA : 16. FATHER'S NAME :x: 15<1. STATE 1So. ZIP CODE TEXAS 77515 17. MOTHER"$ MAIDEN NAME BEATRICE NELLIE MORGAN _ 18. PLACE OF DEA TH CHECK ONLY ONE 1 Sf. INSIDE CITY LIMITS 0YES IX)No � HOSPITAL: D INPATIENT D ER/OUTPATIENT D DOA OTHER: D NURSING HOME IX) RESIDENCE D OTHER (SPECIFY) t: 19. COUNTY OF DEA TH 20. CITY 0A TOWN (IF OUTSIDE CtTY LIMITS. GIVE PRECINCT NO.} 21. NAME OF HOSPITAL OR INSTITUTION (11 not in institution. :mow stroot address) g-B A PRECINCT 4 323 SPRINGFIELD DRIVE C 22. INFORMANT-SIGNATURE & RELATIONSHIP 23. MAILING ADDRESS OF INFORMANT .E :. � Q0 BURIAL IXJ CREMATION D REMOVA!..FROM STATE 0 DONATION 0 OTHER (SPECIFY) 30. CERTIFIER HUSBAND __ J 323 SPRINGFIELD DRIVE, ANGLETON.TX 77515 25>. PLACE OF DISPOSITION !NAME OF ��.sRYEND 25b. 29. NAME & ADO RESS OF FUNERAL HOME CAEMATORYOAOTMERPLACE) r·Kl S Soction _______ ---1 I GRACE CREMATORY I Block. __ _..;;,.,�--..; 26. LOCATION (CITY, STA�RIENDSWOOD Lot 3 S�TA FE, ? TX ' Sp;,co 11 27. SIGNATURE OF FUNERAL DIRECTOR OR PERSON ACTING AS SUCH 18, 2002 PALMS FUNERAL HOME 2300 E. HWY 35 ANGLETON, TX 77515 o-� i I □ CERTIFYING PHYSICIAN .. -TO THE BEST OF MY KNOWLEDGE DEATH OCCURRED AT THE TIME. DATE. AND PLACE. AND DUE TO ThE CAUSE($) AND MANNER AS STATED . ,. .,; ;� u • E g ON THE BASIS OF EXAMINATION AND/OR INVESTIGATION, IN MY OPINION. DEATH OCCURRED AT THE TIME, DATE. PLACE. AND DUE TO THE CAUSE($) AND MANNER AS STATED. £��===��===-==�----------------------r�=.o�A�TE=��G�N�E�D�------r�=.n=M=E�O�F�D�E�A=TH�----� 'C MO DAY YEAR = 8 stice of the Peace 6 18 2002 10: 30 A M. �� 111 North 10th Street, West Columbia, TX 77486 � fii � ENTER THE DISEASES. INJURIES OR COMPLICATIONS THAT CAUSED THE DEATh. DO NOT ENTER THE MODE OF DYING SUCH AS : Appro,cimoIe � : ; CARDIAC OR RESPIRATORY ARREST. SHOCK. OR HEART FAILURE. UST ONLY ONE CAUSE ON EACH LINE. i :g;,�•!�'o!:.� .,_; �� .. -.,,.,; c:o :: �e:;; IMMEDIATECAUSE_(F;n,I disoa"" ➔•·Congestive heart failure, due to or concl<,or, rosult,ng"' d�lh) DUE TO (OR AS A LIKELY CONSEQUENCE OF): Athero sclero tic cardio vascular disease DUE TO (OR AS A LIKELY CONSEQUENCE OF): UNKNOWN �g C: Q. "i.: � ::;!:'��edc:::::.;."�� { b. g UNDERLYING CAUSE {diS00$11 C-------------------..,.-,,-,------------------�,--------u.. or injury lhbt it>Hi/Jtod ovonts DUE TO (OR AS A LIKELY CONSEQUENCE OF): oo �� o.:-..?;--o �; <> C Q. 0 m.!? � resulting In d6ath) LAST � d '3 PART 2 OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RESULTING IN THE UNDERLYING CAUSE GIVEN IN PART 1 �.e .• substance abuse, cl3bclo:., smoldng. etc.) 36o. AUTOPSY? IQCYES 0NO 3Gb. AUTOPSY FINDINGS AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEA TH? llS:J YES 0NO i= Q. 37. DfD TOBACCO USE CONTRIBUTE TD D_EATH 38. DID ALCOHOL USE CONTRIBUTE TO DEATH 39. WAS DECEDENT PREGNANT 0 YES O PROBABLY 0 YES O PROBABLY 0 NO i?1l UNKNOWN 0 NO � UNKNOWN AT TIME OF DEA TH WITHIN LAST 12 MO D YES IX] NO □ UNK D YES l&J NO DUNK <O. MANNER OF DEATH (29 NATURAL .i,a: oATE oF ,N.JUAY 4 lb. TIME OF INJURY I 41c. INJURY AT WORK I 41d. PLACE OF INJURY -AT HOME, FARM, STREET, FACTORY. OFFlCE. ETC. (SPECIFY) M. I □ YES □No D ACCIDENT l•1e. LOCATION (STREET AND NUMBER. CITY OR TOWN, STATE) � Osu1c1DE � 0 HOMICIDE [.ii. DESCRIBE HOW INJURY OCCURRED Gi O PENDING INVESTIGATION I � 0 COULD NOT BE DETERMINED _. 'I 42� REGISTRAR FlLE NO. 42b. DATE RECEIVED BY LOCAL REGISTRAR .II� ... �t�f.lAT'l.40 ,-.I'! 1 '" n.,,,-.,r-..-n • .-. 03-180-2002 June 18, 2002 W.P. Snead JP 4/2 I hereby certify that this is a tr record as recorded in my office @,wyem ]itle@mpany 617 CAROLINE• HOUSTON, TEXAS \770,02 •(713) 228-0801 •. I ' October 14, 2002 Mr. Jon Branson City of Friendswood 910 South Friendswood Drive Friendswood, TX 77546 SHEBETTEV.McNAMARA Executive Assistant Re: GF #02-2149SM / Lot 39 Imperial Estates, Friendswood, Galveston County, Texas Dear Jon: In reference to the above transaction, enclosed please find the following items: 1.Original Owner's Policy of Title Insurance 2.Original recorded General Warranty Deed 3.Copy of executed Settlement Statement 4.Copy ofrecorded Water District Notice 5.Copy of Affidavit as to Debts and Liens executed by Seller 6.Copy of amended Earnest Money Contract 7.Original blue-line surveys It was a pleasure to be of service to you. If you wish to sell or mortgage this property in the future, Lawyers Title Company maintains complete records of your transaction and will furnish you with prompt and efficient service. Shebette V. McNamara Executive Assistant :svm Enclosures G.F.No. See Continuation Page ✓ G' )22149SM Page 2 L.Settlement Charges-700.Total Sales/Broker's Commission based on price $85,000.00 @% = Division of Commission (line 700) as follows: Paid From Paid From Borrower's Seller's 701. $0.00 to Funds at Funds at 702.$0.00 to Settlement Settlement 703.Commission Paid at Settlement $0.00 704. The following persons, firms, or to 705.corporations have received a portion of to 706.the real estate commission shown above:to HUD-I (3/91) �-GAC 20020521q0 3 pgs ,,-"':. WATER DISTRICT NOTICE Return to: -Lawyers Title Company GPNo. 022149SM Q 1 7 � 3 s-, 7 3 8 617 Caroline Houston TX 77002 The real property, described below, which you are about to purchase is located in the Clear Creek Drainage District. The district has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the most recent rate of taxes levied by the district on real property located in the district is 0.1550000, on each $100.00 of assessed valuation. The total amount of bonds which has been approved by the voters and which has been or may, at this date, be issued is ___ _, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is The district has the authority to adopt and impose a standby fee on property in the district that has districtfinanced water or sewer facilities and services available but not connected. The district may exercise the authority without holding an election on the matter. As of this date, the most recent amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation of the person who owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district. The purpose of this district is to provide water, sewer, drainage, and flood control'facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilitie� are owned or are to be owned by the district The le;uscri��Gv"�obl1�(R;t is as follows The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Purchaser is advised that the information shown on this form is subject to change by the district at any time. The district routinely establishes tax rates during months of September through December of each year, effective for the year in which the tax rates are approved by the district. Purchaser is advised to contact the district to determine the status of any current or proposed changes to the information shown on this form. Date: q ,,w ✓Q? Date: g�---0� '��Purchaser d� at£:�-9' Seller Purchaser Seller STATE OF TEXAS COUNTY OF HARRIS lJ>is instrument was aclmowledged before me on, 1'.� . J 1 'ZffV-: by Charles F. Brown. Jr. Individually 'nd Independent Executor of the Estate of Janet A. B own, Deceased. otary Public; State of Texas Name: Commission Expires -- S.McNAMARANotary Public, State of TexasMy Commission Expires 6-10-2005 ·� EXH\8\l "J\:'017-38-1740 Lot 39, of Imperial Estates, Section One (1 ), a subdivision in Galveston County, Texas, according to the map or plat thereof, recorded in Volume 254-A, Page 81, of the Map Records of Galveston County, Texas. ,. FILED AND--RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY r---i, (�--).' I --t--4"• • ...,,..."('-() . • �..._��> 4�-G-:-A� ... ,..J r-• 2002 SEP 09 10:58 AM 2002052140 ESCOB_ V $13. 00 Patricia Ritchie ,COUNTY CLERK GALVESTON, TEXAS ------1 -- - --· -· ·-··------- THE STATE OF TEXAS § COUNTY OF GALVESTON § _L, __!_ _______ _ AFFIDAVIT AS TO DEBTS AND LIENS GF # 022149SM BEFORE ME, the undersigned authority, on this day, personally appeared the undersigned (hereinafter called Affiant) (whether one or more) and each on his oath, deposes and says, as follows: 1.Affiant is the owner of the following described property, to-wit: 2.Affiant is desirous of selling the above described property and has requested Lawyers Title Company of Houston, agent for Chicago Title Insurance Company, to issue a title policy guarantying the title of same to his purchaser. 3.In connection with the issuance of such policy, Affiant makes the following statement of facts: a.That Affiant owes no past due Federal or State taxes and that there are no delinquent Federal assessments presently existing against Affiant, and that no Federal or State Liens have been filed against Affiant. b.That there are no delinquent State, County, City, School District, Water District or other governmental agency or homeowners association taxes or assessments of any kind due or owing against said property and that no tax suit has been filed by any State, County, Municipal Water District or other governmental agency for taxes levied against said property. c.All labor and material used in the construction of improvements or repairs, if any, on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or repairs, if any, or the property upon which same are situated, and Affiant hereby declares that all sums of money due for the erection of improvements or repairs, if any, have been fully paid and satisfied and there are no Mechanic's or Materialmen's. liens against the hereinabove property. d.That no paving assessments or lien has been filed against the hereinabove described property, and Affiant owes no paving charges. That we have signed no petitions for the paving of the street or alley adjoining this Property and know of no petitions being circulated for the paving of the streets, alley or sidewalks adjacent to this Property. e.That there are no judgment liens filed against Affiant. f.That there are no suits pending against Affiant in Federal or State Court. g.That Affiant knows of no adverse claim to the hereinabove described property and that so far as Affiant knows there are no encroachments or boundary conflicts. h.That there are no outstanding home improvements loans, recorded or unrecorded, except as follows: iJ O N j;£_ ...J.----�----�----------- 1. That Affiant has not heretofore sold, contracted to sell or conveyed any part of said property other thanin connection with this sale.J.No unpaid debts for electric or plumbing fixtures, water heaters, floor furnaces, air conditioners, radioor television antennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades,draperies, electric appliances, fences street paving, or any personal property or fixtures that are locatedon the subject property described above, and that no such items have been purchased on time paymentcontracts, and there are no security interests on such property secured by financing statements, securityagreement or otherwise except the following:Secured Party Approximate Amount !}_ot,.1E k.No loans of any kind on such property except the following:Creditor Approximate Amount NoNE: I.No parties in possession other than Affiant and no unrecorded leases except as follows:t-JDNE m.No fees for appraisals of the Property that are claimed, earned or payable, (whether arising out of anyprior transaction or the current transaction), except as follows:tJotJ€ n.No broker's commissions or similar fees that are claimed, earned or payable with regard to the Property,(whether arising out of any lease, prior transaction or the current transaction,) except as follows: I'll<, ,J £' 4.Affiant recognizes that but for the making of the hereinabove statements of fact relative the hereinabovedescribed property Lawyers Title Company of Houston would not issue a title policy on said property andthat such statements have been made as a material inducement for the issuance of such policy.I/WE FURTHER STATE: This affidavit is made to Lawyers Title Company of Houston and Chicago Title Insurance Company as an inducement to them to complete this transaction, and J/W e realize that Lawyers Title Company of Houston and Chicago Title Insurance Company are relying upon the representations contained herein; and the undersigned does hereby swear under the penalties of perjury that the foregoing information is true and correct in all respects. J/W e further covenant and agree with Lawyers Title Company of Houston and Chicago Title Insurance Company forever fully to protect, defend and save harmless Lawyers Title Company of Houston and Chicago Title Insurance Company from and against all loss, costs, damages, and attorneys' fees and expenses of every kind ----L' _____ J _________ _ --------- and nature which it may suffer, expend or incur under or by reason, or in consequence of reliance upon the representations herein. Charles F. Brown, Jr. Individually and Independent Executor of the Estate of Janet A. Brown, Deceased By: d�J½ SWORN TO AND SUBSCRIBED BEFORE ME, by the said Charles F. Brown, Jr. Individually and Independent Executor of the Estate of Janet A. Brown, De�ased, Galveston County, Texas, this the 4th day of September, 2 S.McNAMARA No1aiy Public. State of Texas My Commission Expire:; 6-10-2005 THE STATE OF TEXAS § COUNTY OF GALVESTON § � This instrument was acknowledged before me on this Jr. Individually and Independent Executor of the Estate of day of September, 2002, by Charles F. Brown, GF No. 022149SM EARNEST MONEY RECEIPT The undersigned, LAWYERS TITLE COMPANY OF HOUSTON, acknowledges receipt of the earnest money mentioned in.the foregoing contract, in the amount of$1,000.00, in the form of a check, tendered by City of Friendswood. In the event said sums represented by check or checks, the undersigned does not assume any liability for the disbursement of said sum until all said checks have been paid by the bank or other institution upon which they are drawn. The undersigned reserves the right to pay any portion of said sum to any person, firm or corporation unless written authority is given to the undersigned by all parties whose signatures appear on the foregoing contract. No other conditions, stipulations or obligations which may be set out in the foregoing contract shall be binding on the undersigned if such be in conflict with the provisions of this endorsement. Date: August 12, 2002 LAWYERS TITLE COMPANY OF HOUSTON -v� B : ' �� ---1.---· ---- - -·---1-97 132282522;# 2/10 SENT BY:CITY OF FRIENDSWOOD ; 8-9-2 ;11:33AM COMMUNITY SERVICES➔ <� ·.'-I ........... WITT PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) UNIMPROVED PROPERTY CONTRACT NOTICE: Not F,or Use For Cbndomini'um Transactions 11-8-99 '1. PARTIES: C.F. Bior.m, Jr.(Seller) agrees to sell .(Buyer) and Buyer agrees and convey to C·i ry at FrI enctswood � to buy from Sellar the property described below. 2.PROPERTY: Lot 39 , Block Imperial Estates Ill ·Addition, City of Frjendsw-ood , -Harris County, Texas, known as Lot 39, Imperial Escates, Friendswood:. Texas 77546 (Address/Zip Code ); or as described on attached exhibit, {the Property). The Property O Is CX1 is not s1,1bject to mandatory membership in an owners' associat ion. The TREC Addendµm For Property Subject To Mandatory Membership In An Owners' Association □ is O is not attached. NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community In which the Property is located, you are obligated to be a member of an owners' associatlon. Restrictive covenants governing the use and oc cupancy of the Property and a d0dicatory instrument goverrying the estabfishment, maintenance, and operation of this residenti al community have been or will be recorded in the Real Property Records of the county in which the Property Is located, Coples of the re strictive covenants i:md dedic atory instrume nt may be obtained from the county clerk. You are obllgated to pay asse ssments to the owners' association. The am ount ofthe·assessments Is subject to change. Your failure to pay the assessmen ts could result in a lien on and the foreclosure of the Property. 3.SALES P�CE: . £/S /1?0 IO 0 A Cash portion of Sales Pric_e payable by Buyer at closing .· ... · . .-................. $ ¾}. ..Afl1l8. Sum of all financing described below ...................................•. $ __ . __ o-o-.-....,,_.=-C. �ales Price (Sum of A and 8) ........................................... $ Sji ,JiffQ f&3iOT), {,¼. FINANCING: Within __ days after the effective date of this contract Buyer shall apply for all third party financing qr noteholder's approval of any a��-L.!rnpti6n and make every reasot1able effort to obtain financing or assumption ap proval. Financing or as sumption.approval wm be deemed·to have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). lftinancing 9r assumption approval is not obtained withln . days after the E?ffective date hereof, this q9��t �i,IP,erminate and the earnest money wlll be refunded to Buyer. Each note to be executed hareunqer n:11,1st be secured by vendor's and deed of trust liens. T-he portloA-0f-Sales Price-n�t-payable ·in cash will b·er paid as fo'frows: '(Check' applicable boxes·oelow) 0 A THIRD PARlY FINANCING, □(1) This contract is subject to approval for Buyer of a third party loan ih an amount not toexceed __ % of the Sales Price, evidenced by a third party first lien promissory note of not les� than $ · , due. in-full in:. __ year{s), with interest not to exceed . __ % per annum for the first __ -year(s)-·.of.th e loan. . □(2) This contract Is subject to approval for· Buyer of a third-party loan in an amount not toexceed __ % of the Sales Price, evidenced by a third party second llen promlssory note of not less than $ . , dy� in. _full in __year{s), with Interest not to exceed_%per annum for the first __ y'ear{s) of the loan. □8. SELLER flNANCING: A promissory note from Buyer to Seller of$ ____ __, bearing __ %interest per annum, secured by vend or's and deed of trust liens, in accordance with the terms and conditions set forth in the attached T,REC Seller Financing Addendum. If an owner polic y of title Insurance is .furnished, Buyer shall fumis.t:1..Sellerwith a mortgagee policy of title insurance.0 C. ASSUMPTION: ,,.; • :' · · · · . . 0 (1) Buyor shall assume the unpaid prir:-icipal balance of a first lien promissory note pay ab!e·to· ,.� which unpaid balance at closing will be $ _____ . The. total, current monthly payr:nent including principal, interest and any reserve deposits Is $ • .. -.:, ·· • . Buyer's initial payment wil! be the first payment due after closing. Initialed for identification by Buyerl,JkJ an d Seller C..F ,· .. ti ... ' ,; '.:f :i "� ,; ... r,,, !•,• ·.! -- 01A TRECNO. 9-4 ;43 SENT BY:CITY OF FRIENDSWOOD _J ·---1-- 8-9-2 ;11:34AM; COMMUNITY SERVICES� .·. .. ,: ... ,.·. 97132282522;# 3/10 Unimproved Property Contract Concoming, ___________________________ Psge Two 1 HS-09 (Address of Property) ,.:·· ~N/ A D (2) Buyer shall assume the unpaid princ;:lpal balc!nce of a second lien promiss ory note payable to · ·· · .... : · .. · ·which unpaid balance at closing will· be $ · · .·The tote!! current monthly payment, including principal. interes t and any reserve deposits :is $ _______ . Buyer's initial payment will be the first. paym13nt. due a;er closing,_ Buyer's assumption of an existing note includ�s all obligations imposed by the deed of trust securing the note. . , . . ·.1 If the unpaid principal balance(s) of any assumed loan(s) as of the Closing·Date vanes from the loan balance(s) stated above , the O cash payable at closing Q Sal�s Price will be adjusted by the amo�mt of any variance; provided, if the total principal bal�l:)9� of all,assumed loans varies in an amount greater than $350.00 at closing, either party may 1eriyiinate· ttns· contract and the earnest money will berefunded to Buyer. unless th e other party elects to··etirh'inate the excess in the variance by an appropriate adjustment at closing. If the noteh_older requires (a) payment of an assumption fee in excess of $ ______ In C(1) above or$______ in C(2) above and Seller declines to pay such excess, or (b) an increase in the interest rate to more than ___ % in C(1) above, or ___ % in C(2) above, or (c) any of!ier rri�dification of the loan documents, Buyer may terminate this contract and the earnest money will'bifrefuhded to Buyer. A vendor's lien and deed of trust to se cure assumption will be required whict))�hall aµtomati cal ly be released on execution an d delivery of a release by noteholder. If Seller is released from 'liability on any assumed note, the vendor's lien and deed of trust to secure assumption will -�8�J)� ��,qp_ir.�d. .. . · NOTICE iO BUYER: The monthly payments, interest-rates or other terms of some loans may be adjusted by the lender at or after closing. If you pre:.coricemed about the possibility cf future adjustments, do not sign the contract without exami!iing th'e notes and deeds of trust. NOTICE TO SELLER: Yourliabllity to pax the note assumed by Buyer will continue unle ss you obtain 'a release of liability from the lender. If you a.re concsmed a�outfuture liability, you should use the TREC Release of Liability Addendum. .. /A DO. CREDIT APPROVAL ON ASSUMPTION ·oR .Sl�llJ;R FINANCING: Within ___ days after the effective date of this contract, Buyer sf)all deliver.Jo Seller D credit report O verification of employment, including salary □ verification 6f _tun�$., on: .deposit in financial Institutions □ current financial statement to establish Buyer's creditworthfriess· er assumption approval or seller financing and □....... ·· · ··:·✓--:- If Buyer's documentation is not delivered within:the specified time, Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time fo� delivery, and the earnest money will be pal_d �-$,efler. If thi.� c;,or:iJr�� is not �o t.13rmioated, Seller will be .dee.med to. have.accepted-Buyer's credit If the documentation is timely delive red,: and Sellar determines in Seller's sole discretion that Buyer's credit is unacc eptable, Seller mayterm1hjlt�-th);.tontract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money-wil l be refunded to Buyer. If Seller does not so terminate this contract, Seller will be deemed .to ·have ·accepted Buyer's credit. Buyer hereby authorizes any credit reporting agency to furni$.h:tq ��ller.�t.�uyer's sole expense copies of Buyer'.s credit reports. •, .. ·;;:,�.: .·t·, ,.-_;, .. I ,• .. ,♦ •• .,:. • .' 5.EARNEST MONEY: Buyer shall deposit$ 1 1 000 ' ... _. .. j:/_s· _e_�rti'e,st money with Carolyn Davis,Escrow Officer. at �L�a�wy;;..,...:e�r�s;....:;;rt=·��l��'�C�o�m�p��ny.,___, __________ _(Address}, as escrow agent, upon execution 9f thi�. contract;,by both parties. Additional earnest money of$ N / A must be deposited by Buyer with escrow·agent on or before _______ _, If Buyer fails to deposit the eamest.r:nqney as requir.ed by this contract, Buyer will b� In default. . • \ � •• !-..... •• 6.TITLE POLICY AND SURVEY:··: fi A TITLE POLICY: Selle r shall furnish to Buyer at [;I:Seller'.s'. OI Buyer's expense an owner policy of titleinsurance (the Title Policy) issued by Lawyers Ti clt!. Companv . ..(the Title Cotnpanyf-in the amount of the Sales Price, dated. �t 9r after closing, insuring Buyer against loss under the provisions of the Title Policy, s.ubj�ct to ·tne·'promulgated exclusjons (including existing building and zoning ordinances) and the fortowing exceptions: ·· (1)Restrictive cov enants common to the platted subdivision in which the Pro perty is located. ;;?) The standard printed exception for stalidb1/fees, tax·�$ and assessments. Initialed for identification by Buyer� and Seller :�--:�\� •.��A TREC NO. 9-4 .... ( '·.�:�--!·�;_.�-,:: ... '·. ·• ..... · .... ___ 1_ -. L. 8-9- 2 ;11:34AM COMMUNITY SERVICES� 97132282522;# 4/10 SENT BY:CITY Of FRIENDSWOOD ·-�-. . \, . .-� · .. Unimproved Property Con trod Cohcemln ·. . -Pa9e Throe 11-8-99 .·' -· ;,, . ·, .. (Address of P_roperty) (3)Liens created as part of the finaMing:.desc�ibed_ in Par.agraph 4.(4)Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. ".• ,. . . , ·· .. . . (5)ReseNations or exceptions otherwise'perniittei fbY'this �on tract or as may be approved by Buyerin writing.(6)The standard printed exception as to discrepanci�s.·co.nflicts, shortages in area or boundary lines,encroachments or protrusions, or overlapping°"fni"provements. (7 )The standard printed exception as to marital right:5°: ':· · (8)The standard printed exception as to waters, tidelands, beaches, streams, and related matters.Within 20 days after the Trtle Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing �xceptioos In the Commitment other than the standard ,(J,, printed exceptions. Seller authorizes the Title '(;ii,'mpariyfo-mail or hand deliverthe Commitment and f1/ related documents to Buyer at Buyer's address shown below. :If the Commitment is not delivered to Buyer C· I within the specified time, the time for delivery will tie autotnatically extended up to 15 days. �l•B. SURVEY: (Check one box only) • _· _.. · ; , · ... ·0 (1)Within 20 days after the effectivi:rd·ate ··6ftl)is•contract, Buyer shall obtain a suNey atBuyer's expense. . · . ·.;·. · • ·.□(2) Within __ days after the effective date·bhhis contract, Seller shall cause a survey to bedelivered to Buyer at Seller's,_e,xp��se.;:.-·, · ·:_;: 0 (3) Within __ days after the . effective-date of tbis contract, Seller will deliver to Buyer the existing survey plat of the-Prap�rly datf?d ____________ _, ___ _, which □will □ will not be recertified to a date ·subseq·uent to the effective date of this contract at the-expense of D Buyer O Seller. · · · The survey must be made by a Registered :P.rof�s�l_�nal Land Surveyor acceptable to the Title Company and any lender. . .. .., · Buyer may object to existing building and zoning ordinance�., ·items 6A(1) through (8) abo_ve and matters shown on the survey If Buyer determines that any ·s.och· ordin•artce, Items or matters prohibits the following use or activity: Open Space and Drainage·, ! --Buyer will have 7 days after the receipt of the latter·:af:.tti.e .Gornmltment or suNey to object In writing to matters disclosed in the Commitment or survey. Buyer's failure to" object _under Paragraph 6 within the time allowed will constitute a waiv.er of Bµyer's right to object;-exc�p( th�.t the ·requirements in Schedule C of the Commitment will not be deemed to have been waived. S�llet'shall cure the timely objections of Buyer or any .,. -third party-lender within-20 days after Seller receives·the .bbJections and the ClosmgOale w111 ·be extended as necessary.· 1f objections are not cured by tile extended··c1oslng Date, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer elects to waive the objections.NOTICE TO SELLER ANO BUYER: _. .: ,. ·--�"!• .: · ... '. . (1)Broker a9vises Buyer to have an abs,r.a�-qf ti�e covering, the Property examined by an attorney of Buyers selection, or Buyer should be fu"mished '-v.ith O( obta{n a Title Policy. If a Title Policy is furnished,t_he_ C?mmitment sho�ld be pr '?mptly,!�Yiev-,e�: by _an attorney of Buyer's chofce due to the time hm1tations on Buyer's nght to obJect. · · .. , .. · . . (2)If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage,or flood control facilities and services, Chapter 49 .QfJhe. Jex�$ Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the ·ta,6ate, ·bdnded indebtedness, or standby fee of the district prior to final execution of this contract. . . (3)If 1he-Property abuts the tidally influenced waters qfth� �t1;1.t,e-.: Section 33.135, Texas Natural ResourcesCode, requires a notice regarding coastal ar.ea property.to be included in the contract. An addendum ·either promulgated by TREC or required by the parties should be used.(4)Buyer Is advised that the presence of wetland�. toxic sub.stances, including asbestos and wastes or other environmental hazards or the presence" ofa threatened or endangered species or its habitat may affect Buyer's intended use of the Prope��-. It_ . �:uxer is concerned �.bout these matters, anaddendum either promulgated by TREC or requlred..by..Jhe ·parties should be used. Initialed for identificatlon by 'Buyer/l<w and Seller ._ ��::=�-_'.::· .. .-'. .. >.: ·:·:?�iJ .. _,..,_ ,.: : ;4'{•= -�:}? /;'�· ·1.. -� 01A TREC NO. 9-4 -· ---SENT BY:CJTY OF FRIENDSWOOD -"--- ; 8-9-2 ;11=35AM ·--------•-· ·---COMMUNITY SERVICES➔ 97132282522;# 5/10 .. ..,. ....�, -'' ,· ·,,· Unimproved Property Contract Concerning_ ·• Page Four 11-8-99 ·: · . (A?d�ss of Property) . .,, (5)If the Property is located outside the limits of a municip�!ify; Seller notifies Buyer under §5.011, TexasProperty Code, that the Property may now. or later, be· lhckided in the extraterritorial jurisdiction ·of a -•municipality and may ,now or later be subject ·to. ·anri'e:Xatlo·n-by the municipality. Each municipalitymaintains a map that depicts its boundaries and extrate_rritorial jurisdiction. To determine if the Propertyis located within a municipality's extraterritorial Jufisdictioi-t'is-r-fa likely to be located within a municipality'sextraterritorial jurisdiction, contact alf municlr:ialities located in the general proximity of the Property forfurther information.(6)Unless expressly prohibited in writing by the parties, .S�ll�r-ll)ay continue to show the Property for sale and to receive, negotiate and accept back-u'p offers:·-:· -� ··. 7, PROPERTY CONDITION: '-_;-·· .• .· .:·.-. ·:-. 'A INSPECTIONS, ACCESS AND UTILITIES: Buy�r mai��v� the Property inspected by an Inspector selected by Buyer, licensed by TREC or otherwise pE;irr:nitt�a oy law to make such inspections. Seller shall permit access to the Property at reasonable times for i_nspection, repairs and treatment and for reinspection after repairs and treatment have been comp.feted. Seller shall pay for turn ing on utilities for inspection and · · · · B.ACCEPTANCE OF PROPERTY COND�TION:: NOTICE: Buyer should determine the availability of utifitlesto the Property suitable to satisfy Buyer's needs. ·(check orre.bdx only): .. □(1) In addition to any earnest money deposited with escrow agent, Buyer has paid Seller$. ______ (the "Option Fee")·forthe unrestricted right to terminate this contract by giving notice of termination to Seller within __ · days affer the effective date of this contract. If Buyer gives notice of termination within the time ��-!f:i.?,9_;-.tr,·� Op'tlon Fee will not be refunded, however, any earnest money will be refunded to Buyer. If Buyer does not give notice of termination within the time specified, Buyer will be deemed to have c;WC.!3fited the-Property In its current condition and the Option Fee O will O will not be credrted to· th'e''Sales Price at closing. Ga (2) Buyer accepts the Property in its pras·ent condition'. 8.BROKERS' FEES: Ali obligations of the parties fqr.,paY.J:11�nt �f brokers' fees are contained in separatewritten agreements. · · ___ ::.:,.·:.�'-·:. · · 9.CLOSING: The closing of the sale will be on or before 'A;iigi:i_st, 12 1 2002 , orwithin 7 days after objections to ma.tiers disclosed in the. Commitment or by the survey have been cured,whichever date Is later (the Closing Date). /f financin_g or_assuiiJption·approval has been obtained pursuantto Para graph 4, the Closing Date will be extended up to 15 days if necessary to comply with lender's dosingr_�q-�iref'!l_�nts. lf ��er �artyfa_fls_ to clo �e this 5?le �ythe.Ql_O:�.in_g DateJ.tl:i� non-d�f�!:!l!in_g party wUI be emW�dto exercise the remedies contained In Paragraph 15. At closing Seller shall furnish tax statements orcertificates showing no delinquent taxes and. ar..gener-ai warran�deed conveying good and indefeasible titleshowing no additional exceptions to those permitted in Paragraph 6.1 o.POSSESSfON: Seller shall deliver possession ·of the' Prop�rt/to Buyer at closing and funding. 11.SPECIAL PROVJS[ONS: (Insert only factual statements ana-business detalls applicable to this sale. TRECrules prohibit licensees from adding factual statement�.or,b�sih'�ss details for which a contract addendum,,lease or other form has been promulgated by TREC_fo� �a�-�-�t<:lry use.)J � w; u cLovwJt, di f:i5l56Q'}i� -tv ri ;i 1. Dt �d � &YCtb {)<DC£eds'. ! CF�� .. , VV"�O Initialed for ideritlfica1ion by Buyer'Y'�-w ·-. ·,t:·--�/>� :.· . and Seller CP ,2 .::·; .-:,; ,:,,:;• .:: '1 ; .. � .. ..�-; f':• . ,_ ·..... I � • • '!{'.# • •'t:, ·:�;-....... 01A TREC NO. 9-4 _L_ -_j_ __ SENT BY:CITY OF FRIENDSWOOD 8-9-2 ill:36AM COMMUNITY SERVICES➔ 97132282522;# 6/10 .· ... , Unimproved Property Contract Concemln •·:-: :.:-·.:·::. --·.·..Page Five (Add�ess _!)T Pr9perty) �f_A ·sE-i-rLEMENT AND OTHER EXPENSES: A The following expenses must be paid at or prior to cfr;i slng:. w •• 11-8-99 (1) Appraisal fees will be paid by ____ ._-_c....· __ . ______________ _ (2) The total of loan discount fees may not exceed .. % of the loan . of which Seller shall pay ______ and Buyer shall pay itfie-,ehiafnder. The total of any buydown fees maynot exceed ______ which will be paid. by ________________ . (3) Seller's Expenses: Releases of existing liens, ,ncl.uding prepayment penalties and recording fees;release of Seller's loan liabilrty; ·tax statements .or certificates; preparation of deed; one-half ofescrow fee; and other expenses stipulate.d t9 be pa'i_d ·by· Seller under other provisions of thiscontract. .. . . · . · (4 )Buyer's Expenses: Loan application, origination,ar;,id '.commitment fees; loan assumption costs:preparation and recording of deed o-rtrust to.secure assumption; lender required expenses incident to new loans, including preparatior.i of loan:documerits, recording fees, tax service and research fees, warehouse or underwriting fees, copies· of restrictions and easements, amortization schedule, premiums for mortgagee title policies and endorsements required by lender, credit reports, photos; required premiums forflood and hazard Insurance; required reseNe deposit for insurance premiums and ad valorem taxes; interest on ·,all monthly installment notes from date ofdisbursements to one month prior to dates.,Qf-�rsr r:nP!1t_hly payments; one-half. of escrow fee; and other expenses stipulated to be paid by Buyer ·under other provisions of this contract. B.If any expense exceeds an amount expressly stated in thi� contract for such expense to be paid by a party, that party may terminate this contract unless the>other party agrees to pay such excess. In noevent wm Buyer pay charges and fees expressly .prohibited by governmental loan program regulations. 13.PRORATION$ AND ROLLBACK TAXES:A P.RORATIONS: Taxes for the current year, interest·,'· :maln't�hance fees, assessment�, dues and rents w�I be prorated through the Closing Date. If taxe? for the current year vary from the amount prorated at closing, the parties shall adjust the proratlons when· tGne-statements for the current year are available. If,a Joan is assumed and the lender maintains an escrow account, the escrow account must be transferr ed to Buyer without any deficiency. Buyer shall reim,b(-irse Seller for the amount in the tra nsferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer w!II be ob ligated to pay taxes for the current year;,-,·,:,.,,\',,· ... · �-• · · B.ROLLBACK TAXES: If this sale or Buyer's use qf the Property after closing results in the assessmentof additional taxes, penalties ori_nterest (As6essments) for periods prior to closing, the Assessments willbe the obligation of Buyer. If Seller's change in use of the Prop(:)rty prror to closing or denial of a special use valuation on the Property claimed by. Seller results in--Assessments for geriods prior to dosing, the Assessments · will be the obligation of Selier. Obiigations imposed by this paragraph will survive closing. 14.CASUAL TY LOSS: If any part of the Property ,ta'affi"asieci'�or destroyed by fire or other casualty loss after the effective date of the contract, Seller sh�II restore the Pr6perty to its previous condition as soon as reasonably possible, but in any cvant by the Clos.iog Date_..)U�eller fails to do so due tb factors beyond Seller's control, Buyer may either (a) terminate.this contract.and the earnest money will be refunded to Buyer (b) extend the time for performance up to· 15 days and the Closing Date w!li be extended as necessary or (c) accept the Property ln its damageq condifjqn and accept an assignment of insuranceproceeds. Seller's obligations under this paragrapf r·are ·in8ependent of any obligations of Seller Linder Paragraph 7. · .... 1 15.DEFAULT: If Buyer fails to comply with this con�t"t. �Gye/'...:.m be in default, and Seller may either (a)enforce specific performance, seek such other r�Ji�f .�:s)1\�YJ>_e provided by law, or both, or (b) tf.!rminate this contract and receive the earnest money as liquidated cfaz;nages, thereby releasing both parties from this contract. If, due to factors beyond Seller's coc,tioi�)S_ell�r'fails within the time anowed to make anynon-casualty r�palrs or delfver the Commjtmer;� Btjyer may_ e/�h�r (a) extend the time for perforr:nance up to 15 days an� t�e Closing Date will be �?ct.E'mged �� neces��!Y or _(b) te:rrninate this contract as the sole remedy and receive the earnest money. )f Se)ler f�ils to comply with this contraqt for any other reason, Seller will b� in default and Buyer may t:t\P.J�((!'i) enforc� spe�ific performance, seek such other relief as rnay be provided by law, or both, or (b) tem,mate this.contract and receive the earnest money, thereby releasing both parties from this contract. .. ,i .-. • lnitlaleo for identification by BuyerMt.1 and Seller }+ie;,� ... �--·:;'.: ;1 .• ' . �. ,: ... :.- ' - .:_:.�.' ·;:-, .c .... , . , .. 101A TREC NO. 9-4 --L -----1..-----· --- SENT BY:CITY OF FRIENDSWOOD 8-9-2 ;11:37AM ; COMMUNITY SERVICES-;97132282522;# 7/10 '� .• _.·::.-=.-:,· •·: .. , :.-··....... Unimprovod f>roperty Contract Concarnfn,.,_ ___________________________ Page Six (Address of Property) 11-8-AA ' , ' 1s·: DISPUTE RESOLUTION: It is the policy of the._StaJ� .. R.f:J��-�-.�o encourage the peaceable resolution ofdisputes th rough alternative dispute resolution procedures. The parties are encouraged to use an addendum approved by TREC to submit to mediation dispute s which canh9t b.e resolved in good faith through informal discussion. ' . · · • ' • ' •/ . '• .... . :· .. ·-..: ..... :-�. � .... : .:.,.::· .. .: . 17.ATTORNEY'S FEES:The prevailing party in any l�gal'proc .eeding,brought µnder or with respect to the transaction described in this contract is entitled to recoiler':froin the non-prevailing party 'all costs of such proceeding and reasonable attorney's fees: ·• · · ·, ' •♦.: • :: :· : �� ',, ,, 18. ESCROW: The earnest money is deposited with escfow agentwith the understanding that escrow agent is not (a) a party to this contract and does nofhave .anili�.ojljty_ forthe performance or nonperformance of any party to this contract, (b) liable for interest on the earnest money and (c) liable for any loss of.earnest money caused by the failure of any financial institut ion in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing·;.the earnest money must be applied first to any cash down payment, then to Buyer's closing costs and any excess.reftmded to Buyer. If both parties make written demand for the earnest money, escrow agent may require p_ayrhent of unpaid expenses Inc urred on behalf of the parties and a written release of liability of escrow. ag�rit from a!I parties. If one party makes written demand for the earnest money, escrow agent shafl give notice ·of the demand by providing to the other party a copy of the demand. If escrow agent does not recej\(c .written .objection to the demand from the other party within 30 days after notice to the other party, escrow•'afj'�nfhiay disburse the earnest money to the party making demand reduced by the ·amount of unpaid �xp��s'(n_curred on behalf of the party receiving the earnest money and escrow agent may pay the same to, the crea!tors. If escrow agent complies with the provisions of this paragraph, each party hereby releases·escrow �gen� from all adverse claims related to the ?lsbllrsa! of th � earnest money. Esc�w ag!:;nt's noticej�}��;#,\�P.f party will be effective when deposited m the U.S. Mall, postage prepaid, certified marl, r eturf!JE::�E?!Pt requested, addressed to the other party at such p�rty·s address shown below. Notice of objec'tio� to l�e·oemaqp will be deemed effective upon receipt by 19. 20. escrowagent ... · .. :� ·, .., ·.. . . .. -· REPRESENTATIONS: Seller re presents th�t ?.$· of tn�k Cl osing "pate ( a) there wil! be no liens, assessments,or security interests against the Property whfch 'Wili not be satisfied out of the sales proceeds unles s securing payment of any loans assumed by Buyer and (b) assumed loan$ will not be in default. If any representation in this contract is untrue on the Closing Date, this cq��9t may be terminated by Buyer and the earnest mon�y will be refunded to Buyer. All r.epre.sentatlons' c:on.tafr1ect'ih)bis contract Will survive closing. ..,. : • • ..... , ,' •,.: I •• � FEDERAL TAX REQUIREMENT: If Seller Is a "foreign persoti;\-�s defined by applicab)e law, or if Seirer fails to deliver an affidavit that Seller is not a ,;foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue SeNicetogether with appropriate tax forms .. IRS regulatior:is ��cj_yir.�.W.i�g_yyrillen reports if cash In excess of specifiedamounts Is receive d In the transaction. · · ·.-·, ·::: 21.AGREEMENT OF PARTIES: This contract contai�s the' ·entire agreement of the partles and cannot be changed except by their written agreement Addend� i.yhibh:.�r.e <i part of this contract are (list): __ _ . : :· . '. :. . .. ,,,-· .;: .·. :'":: .. : :. . _._;. ··�--�-: .-:·"'-......... 22. CONSULT YOUR ATTORNEY: Real estate Hc�ns�� cann�t-�ive legal advice. This contract is intended. to be legally binding. READ IT CAREFULL Y.:'lfy,ou dd not-understand the effect of this contract, consult your attorney BEFORE s(gnlng. · ,. · ;·�.,'.; ....... · ·:Buyer's · Seller's··\· Attorney Is:._____________ :·/\��r,r,iey )S: Initialed for Identification by Buyer�U and Seller C:,F'7 ... :_:_'·� . ·. .01A TREC NO. 9-4 ,•• : :t:·.:·:•: � . ;·�· ; .. :.,., . :,�\::;: ..:··. '.:• .. _J._ -- ----L..---··-·------------�---- SENT BY:CITY OF FRIENDSWOOD 8-9-2 ;11=38AM;COMMUNITY SERVICES➔ 97132282522;# 8/10 Unimproved Property Contract Concemin,,._ _______ _ :'•; :'. ·:. :.�.-Page Seven 11-8-99 . (�ddress _'?f Property) 23 . ., .NOTICES: All notices from one party to the other mu�t be in writing and are effective when mailed to, , · hand-delivered at, or transmitted by facsimile rnachio�. 9�_t�l�9ws: .; , ..To Buyer at: .0 ,•1-0 s:elter:_.�t: City of Friendswood \::_>".'f�i/:Brown, Jr. 910 S. Friendswood br. 323 . Springf_i_1:_l_d_D_r_. ________ _ Friendswood. Texas 7._7.�5,:.;:4::..::6:.....-__ ---'--- • '·· •:·1 .' An gieton2 T.X 77515 l ·� . � Telephone: (..2.fil) 996-.3200 · · ...Telephone: (979 ),2g.e,��:f:::a--::..2�7 8�7:.=;,;------- .. Facsi�_He: (_),_�_<1_@_-::i-_7_15_·7 _____ _Facsimlle: (.2.fil..)._-<-9L96"'---3""'2'-"6-=<-5 ______ _ ,· .. : .. ��--1.:�- - ·_::�. ---·. ·--,,.--''----(TH.E EFFECTIVE DATE). (BROKER: FILL Buyer C:i.ty of Friendswood Seller ::-..... : The form of this contract has been appro�;d by �e Te�s Real ·Est�.t� 2��;i�s'lon. Such approval relates to this contract formonly. TR.EC forms zire Intended for use, only by trained real estate·.licehsess:N9 representation ls made as to the legal validity or adequacy of any provision ln any speclflctransactJon, It ls notsultable forcompf ex· t,c:;i:;:;C::lo;;;;. Extensiv& riders or additions are not to be used. Texas Real Estate Commission, P.O. Box 1'.6j:lJ8, J.1-li#in.:rx 78711-2188, 1-800-250-8732 or (512) 4.59-6544(ht1p://www.trec.state.tx.us) TREC NO. 9-4. This form replaces TREC NO. 8-3. sRoKER 1NFoRMAr10N .bJio.·�AATif1cAr10N oF FEE ·� Listing Broker has agreed to pay Other Broker -· .�,. of the total sales price whon Listing Broker's feeis received. Escrow Agent is authorized ;;ind directed to pay Other s·roKlir from Ll�t_lng Brok!ilr's fee at closing. Other Broker -License N��rep-resents O Seller as Listing Broker's subagent 0 Buyer only as Buyer's agent Associate Telephone Broker Address Telephone Facsimile -· . :, .. ·. � � �-·. ; .. , ,• Listing Broker r�presents .;,: .. ·,· ,-� l:Jsting Associate ·/ ., ..• �.�\!1!.'.!Q '.A��i;>ciate·:·· . : .... :, . \:--. ·. 'i·:� � _; ... : •'·. :·; ' ...... :-t · ... (•,,··B�o�er Address ···.:- :·'-Telephone...... RECEIPT .. License No. 0 Seller and Buyer as an lntennediary 0-Seller only as Seller's agent Telephone Telephone Facsimile Receipt of D Contl'clct �nd D $ ____ Earnest Money In the f9r1T1 .. of · .. is acknowledged. ,:.z�:�.r,,, •,"' .•:•.I•;, , , , Escrow Agent-'------------'-------.:. Date: ___________ �--- By. ___________________ _ Address Telephone;(___) __________ _ City State ·:•:, .... ·.··fac_._lmlle:(_) __________ _Zip Code . , .. : .,,-,,,_ . ... - ''r 01A TREC NO. 9-4 )( (: :i,J{: :-.:··"· .- Found 1 /211 Iron Rod 0<v .::,.<v � �� oof>Ai€. 143.00' s r>P�. C \-\OR 0 ----. --- --------./ Found 1/2''Iral Rod <f> �� '-../ o ,$ii �� o��J .._ "-(i tgll / Q � Found 1 /2" Iron Red Found 1 /2 11 Iron Red I (Vacant) IDt 39 N31°2614W 142081 IDt 38 1 11 Iral Pipe @ comer ::,Lu o-... 5t ('\J .a < ' 0 en ('\J Lot 40 lot 41 IOOI'E: Restrictive Covenants as recorded in V-254A , P-81 MR, V-1270, P-332, V-3237, P-504, V-1300 , P-881 DR. BUYER City of Friendswocxi Imperial Avenue DESCRIBED PROPERTY Lot 39, of IMPERIAL FSl'ATES, SEX:rION 1, a subdivisioo in Galvestal County, Texas, according to the map or plat thereof, recorded in Volume 254-A, Page 81 , of the Map Records of Galveston County, Texas. SURVEY 1, INC. P. 0. BOX 2543 • ALVIN. 1X ns 12 (281) 393-1382 • Fox (281) 393-1383 G.F .0221495 M Dote: 8/22/02 Inv.#: 2570 [ JOBI 8/206/02 ldoher90t'catry1rlatltwU\119VW01lreda(moditonhgo.nc:IOlh p,,:,patyllgdlo,-dW:llAdNNIOI\ (o,:onlheatll:lchld_.,...,. crc:11100fl9CI.. cns.,_.aeno•oocx:n,,...��crc:l1oadcnobvmeall1dlr my� O"ldc:cr(Qtf610ot91:1Nd111leannf llaldadl01adaplld t:,ybTaaBoardclPlot.dcl at.aid�. Nofe:lt1919cnnonalu'Clladnogec:ctamonhl�. Nole; 1NJl)l0pel'ly«.-leh ollood hamdzcne0Cl00d IO loH.U.O.JFJA 485468 0005 E 9-22-99 ZOne AEFI.aDWAY � fl Found 1/2" Iron Rod 0<v ..:::,.� � �� <a � �� " o -�i �� o�c./ ......... /\.. (5 � Q � Found 1 /2" Iron Rod / I � ✓ (Vacant) Lot 39 FoUnd 1/2 11 Ira1 ax! �u.Ja-... '1" (\J .a < ' 0c:d Lot 40 N31°2614W 142081 Found 1 /2 11 Iron Rod Lot :38 111 Iron Pi-pe @ OJ1"ner Lot 41 001'£: Restrictive C-ovenants as recorded in V-254A, P-81 MR, V-1270, P-332, V-3237, P-504, V-1300, P-881 DR. BUYER City of Friendswood Imperial Averrue DESCRIBED PROPERlY Lot 39, of IMPERIAL ESTATES, SD:l'ION 1 , a suJ:xli vision in Galveston County, Texas, according to the map or plat thereof, recorded in Volume 254-A, Page. 81 , of the Map Records of Gal vest.on County, Texas. SURVEY 1, INC. P.0. BOX 2543 •ALVIN.TX 77512(281)393-1382 • Fox (281) 393-1383 G.F. 0 221 495 M Date: 8/22/02 Inv.#: 2570 I JOB# 8/206/02 ldoher9bVC8ltily�"1Gtr4cq-rnode onl'lec,otn:lol N ��dillal:ledhlteon.(01ontneatl0c:Nd_..,,.Olldllcaiec:t. cn:S..,.aen,woooct,1,en111.N1S�cn:S-adoneb¥nw01U'dlr mr� cndC011f01,1•10cr-=-ec:11a.curertm'ldadl01adaplad 17,'hTaaBocrddAofwblCilald� Notr.n..cn nonaiualc:talnoge00U1aonnprcper1y. No19:1NIJ)l0peltydra-leh allood naiodZ101WCl000fdhg IOH.U.0.JFJA 485468 0005 E 9-22-99 Zone AE FIOOJWAY � ti CC: Becky Carbone � July 18, 2002 Mr. C. F. Brown Jr. 323 Springfield Dr. Angleton, TX 77 515 CITY OF FRIENDSWOOD Re: Exercise offer to purchase Lot 39 Imperial Estates #1 Dear Mr. Brown: I have been directed by City Council to express the City of Friendswood's intent to purchase the property described above. The City intends to exercise this offer as soon as possible after we receive a signed copy of the attached earnest money contract. You have provided information that you are willing to sell it to the City for a total cash price of $50,000 net, with all closing costs to be paid for by the City. i;ne City is pleased to accept this proposal, and will prepare and forward the appropriate paperwork to you for your review and signature. If this does not correctly reflect the terms of your offer, please let me know as soon as possible. Should you have questions or require additional information, please contact me at your earliest converuence. Sincerely, '�E.� Ronald E. Cox City Manager REC/tsm Enclosure Cc Mayor and Council Members Director of Community Development Mike Hodge Director of Administrative Services Roger Roecker CITY MANAGER'S OFFICE 910 S. FRIENDSWOOD DR. FRIENDSWOOD, TX 77546 281-996-3250 PHONE 281-482-3722 FAX � �. PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) UNIMPROVED PROPERTY CONTRA CT NOTICE: Not For Use For Condomini"um Transactions 11-8-99 ....... TIOUTY --1. PARTIES: C. F. Brown, Jr. and convey to City of Friendswood to buy from Seller the property described below. (Seller) agrees to sell (Buyer) and Buyer agrees 2.PROPERTY: Lot 39 , Block Imperial Estates Ill Addition, City of Friendswood , Harris County, Texas, known as Lot 39, Imperial Estates, Friendswood, Texas 77 546 (Address/Zip Code), or as described on attached exhibit, (the Property). The Property □ is Qa is not subject to mandatory membership in an owners' association. The TREC Addendum For Property Subject To Mandatory Membership In An Owners' Association D is D is not attached. NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community in which t'le Pmperty is located, you are obiigated to be a member of an owners' associati on. Restrictive covenants governing the use and OCCl:,Jpancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assess merits to the owners' association. The amount ofthe ·assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. 3.SALES PRJCE: A. Cash portion of Sales Price payable by Buyer at closing _-.. : .................. $._....5Q..,_,,....,Q ..... Q ...... Q __ _ B. Sum of all financing described below .................... ·,- ................ $ _____ _ c.:3a1es Price (Sum of A and B) ............................................ $_....sa ..... , ..... a ..... a ...... a __ _ (. !. FINANCING: Within __ days after the effective date of this contract Buyer shall apply for all third party financing or noteholder's approval of any a��_umpticn and make every reasonable effort to obtain financing or assumption approval. Financing or assumption .approval will be deemedto have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). If financing 9r assump tion approval is not obtained within ___ days after the effective date hereof, this contract will.terminate and the earnest money will be refunded to Buyer. Each note to be executed hereunder.must be'·secured by vendor's and deed of trust liens. The p0rtion of-Sales-Price-not-payable in cash will be paid as toliows: (Chec::R applica51eboxes-below) □A THIRD PARTY FINANCING:. . 0 (1) This contract is subject to approval for Buyer of a third party loan in an amount not to exceed __ % of the Sales Price, evidenced by a third party first lien promissory note of not less than $ _______ , due. in full in;•--year(s), with interest not to exceed __ % per annum for the first __ .. year(s)• ·ot the loan. □(2) This contract is subject to approval for· Buyer of a third party loan in an amount not to exceed __ % of the Sales Price, evidenced by a third party second lien promissory note of not less than $ _____ , due in full in __ year(s), with interest not to exceed __ %per annum for the first __ · ·yeiir(s) of the loan. □B. SELLER FINANCING: A promissory note from Buyer to Seller of $, bearing __ % interest per annum, secured by vendor's and deed of trust liens, in accordance with the terms and conditions set forth in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is .furnished, Buyer shall fur.nisb .Seller with a mortgagee policy of title insurance.□C. ASSUMPTION:.,; . :' . D (1) B_uyer shall assume the unpaid principal balance of .a first lien promissory note-payable to =-� which unpaid balance at closing will be $ ______ . Jhe. tofal, current monthly payment including principal, interest and any reserve deposits is $ ... :, '• . Buyer's initial payment will be the first payment due after closing. Initialed for identification by Buyer /.JJL_._/ and Seiter 01A TREC NO. 9-4 ;: � i,,. : ; .... (:t, ,, .; .. ,. �-· .. }·.:.·.�· :, .. , ·) Unimproved Property Contract Concemin,,,_ __________________________ Page Two 11-8-99 (Address of Property) · ... :·N/ A D (2) Buyer shall assume the unpaid prin�ipal .balance of a second lien promissory note payable to · .. . . -: ·,. • · which unpaid balance at closing will be $ -. The total current monthly payment . including pri'ncipal, interest and any rese(Ve deposits ,is $ · . Buyer's initial payment will be the first paym�nt due af;ter closing,._ Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. , . . · · . . , If the unpaid principal balance(s) of any assumed loan(s) as of the Closing-Date varies from the loan balance(s) stated above, the O cash payable at closing O Sales Price will be adjusted by the amount of any variance; provided, if the total principal balc3Q(;� of all,assumed loans varies in an amount greater than $350.00 at closing, either party may terminate· tliis contract and the earnest money will be refunded to Buyer . unless the other party elects to-'eliminate the excess in the variance by an appropriate adjustment at closing. lf the noteh.older requires (a) payment of an ass umption fee in excess of $ _______ in C(1) above or$______ in C(2) above and Seller declines to pay such excess, or (b) an increase in the interest rate to more than----:% in C(1) above, or ___ % in C(2) above, or (c) any other ri19dification of the loan documents, Buyer may terminate this contract and the earnest money wilrb'e"reftihded to Buyer. A vendor's lien and deed of trust to secure assumption will be required wh:ich,shall aptomatically be released on execution and delivery of a release by noteholder. lf Seller is released from ·liability on any assumed note, the vendor's lien and deed of trust to secure assumption will_ npt,..p� r�9�.ir�d. . NOTICE TO BUYER: The monthly payments, .iriterest·rates or other terms of some loans may be adjusted by the lender at or after closing. lf you ?3re:.coricerned about the possibility of future adjustments, do not sign the contract without examining �lie notes and .deeds of trust. NOTICE TO SELLER: Your liability to pay the hate assumed by Buyer will continue unless you obtain "a release of liability from the lender. If you a1re concerned a'�out future liability, you should use the TREC Release of Liability Addendum . / A O D. CREDIT APPROVAL ON ASSUMPTION . OR SE;L�R FINANCING: Wrthin _____ days after the effective date of this contract, Buyer shall deliver.t,o Seller O credit report □ verification of employment, including salary □ verification or funds:, on: .deposit in financial institutions □ current financial statement to establish Buyer's creditworthi'nes's ·or assumption approval or seller financing and □ .. _... ·. · ... · ..... If Buyer's documentation is not delivered within-the specified time, Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If this contract is not so t�rminated, Sell.er will be _deemed_to bav.e_accepted_Buyer:s credit. lrthe documentation is timely delivered ( and_ SE?,ller determines in Seller's sole discretion that Buyer's credit is unacceptable, Seller may termin.ate this . tontrnct by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money-wilf be refunded to Buyer. If Seller does not so terminate this contract, Seller will be deemed .to ·have accepted Buyer's credit. Buyer hereby authorizes any credit reporting agency to furni$h Jq Seller .c1t f?uyer's sole expense copies of Buyer'.s credit reports. -.'· /::�: ... .-::_·, ··1 ; .. 5.EARNEST MONEY:Buyer shall deposit$ 1 , 000 i .; :::_�_s· .i3��de�t money with Carolyn Davis, Escrow Officer at .....;:;;L�awy;.;...,...e�r�s::........;T�i�'t�'l��-'�C_o_m�pa_n�y,__ ____________ _ (Address), as escrow agent, upon execution of thiS::contract;;,by both parties. Additional earnest money of$ NI A must be deposited by Buyer with escrow agent on or before --------c---•If Buyer fails to deposit the earnest,r;riqney as required by this contract, Buyer will be in default. . \ , . '::,. . 6.TITLE POLICY AND SURVEY: :fi A. TITLE POLICY: Seller shall furnish to Buyer at ClSe,11$r's'. � Buyer's expense an owner policy of title insurance (the Title Policy) issued by Lawyers Title. Comp any (the Title Company) in the amount of the Sales Price, dated. �t or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to th'e·;�komulgated exclusions (including existingbuilding and zoning ordinances) and the following exceptions: :: (1)Restrictive covenants common to the platted subdivision in which the Property is located.(2)The standard printed exception for standby·fees., tax·es and assessments. Initialed for identification by Buyer� . ' ' and Seller ,';.L, .. ,, ,;v ,•:i'.,; ·. .... ' .... :_,t·:.,;·;<\: ,' 01A TREC NO. 9-4 - ' : \ � .. Unimproved Property Contract Concemin�----------,----,-----------Page Three 11-8-99 . ·. '"(Aadfess of Property) ·•.•. , .. ,• (3)Liens created as part of the finanGing:.described_ in Paragraph 4.(4)Utility easements created by the dedication deed or plat of the subdivision in which the Propertyis located. ., ,, .. . . , ·· .. . .(5)Reservations or exceptions otherwise 'permitted ·oy'this �ontract or as may be approved by Buyerin writing. · · . (6)The standard printed exception as to discrepanci�s. conflicts, shortages in area or boundary lines,encroachments or protrusions, or overlapping Tm#rovements.(7)The standard printed exception as to marital rights: ':·· (8)The standard printed exception as to waters, tidelands, beaches, streams, and related matters.Within 20 days after the ,Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing e�ceptior.,s in the Commitment other than the standard printed exceptions. Seller authorizes the Title··c6'mpar1y fo mail or hand deliver the Commitment and related documents to Buyer at Buyer's address shown below.: If the Commitment is not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days. l]l B. SURVEY: (Check one box only) □(1) Within 20 days after the effective·date"dfthrs contract, Buyer shall obtain a survey atBuyer's expense. . · · . ·.. . ·. □(2) Within __ days after the effectiye dat�iof 1this.contract, Seller shall cause a survey to bedelivered to Buyer at Seller's.�xp�nse.>, ·;.,.□(3) Within __ days after the . effectiv� date of tbis contract, Seller will deliver to Buyer theexisting survey plat of the Prop�rty dated ___________ ,--� which□ will □ will not be recertified to a date subsequent to the effective date of this contract at the expense of □ Buyer □ Seller.· · The survey must be made by a Registered ,erofessi_on�I Land Surveyor acceptable to the Title Company and any lender. . .. .. Buyer may object to existing building and zoning ordinances, ·items 6A(1) through (8) above and matters shown on the survey if Buyer determines that any ·such·ordiri'arice, items or matters prohibits the following use or activity: Open Space and Drainage·, i Buyer will have 7 days after the receipt of the latter"ofJb.e Gommitment or survey to object in writing to matters disclosed in the Commitment or survey. Buyer's failure to· object under Paragraph 6 within the time allowed will constitute a waiver of Buyer's right to object; -except that the ·requirements in Schedule C of the Commitment will not be deemed to have been waived. Selfet'shall cure the timely objections of Buyer or any third-party lender within 20 days afterSeller receives ·the .objections and the Closing Date will be extended as necessary. If objections are not cured by the extended"Closing Date, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer el�cts to waive the objections. NOTICE TO SELLER AND BUYER: .. : , ..... : .. , ... · ,·,(1)Broker advises Buyer to have an abst�ac;;t.qf ti�e covering,the Property examined by an attorney ofBuyer's selection, or Buyer should be fu'mished w,ith or obtai,ri a Title Policy. If a Title Policy is furnished,t_he_ C?mmitment sho�ld be pr<;>mptly,p��jey.,e<;l '.by _an attorney of Buyer's choice due to the timehm1tat1ons on Buyer's right to obJect. · · .. , . ._ · ...(2)If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage,or flood control facilities and services, Chapter 49p,f.t!1�,Jexq� Water Code requires Seller to deliver andBuyer to sign the statutory notice relating to the ·tax· rate, ·'bonded indebtedness, or standby fee of thedistrict prior to final execution of this contract. .. (3)If the Property abuts the tidally influenced waters qt the �tcl.�e,: Section 33.135, Texas Natural ResourcesCode, requires a notice regarding coastal ar:ea proper ty.to be included in the contract. An addendumeither promulgated by TREC or required by the parties should be used.( 4)Buyer is advised that the presence of wetland$, toxic suq_stances, including asbestos and wastes orother environmental hazards or the presence· of a_thre�ten-ecl or endangered species or its habitat mayaffect Buyer's intended use of the Prope��-. If_ �)'.iyer is concerned about these matters, anaddendum either promulgated by TREC or required .PY-the parties should be used. Initialed for identification by Buyer#<w • , •, � I �-:", :•: : ; and Seller ..... · .·•�-�'.-.. . .. . . .' . . . . .. • �-! . . .. • .. 01A TREC NO. 9-4 '.". �:·/:'· ... �. ,": _.,._�-: .�: � . ., ··-� . " O• ,,. ,, : 1,- • .... . :;::," .. ( .,. Unimproved Property Contract Concemin ·'Page Four 11-8-99 . (A�dress of Property) , , .. -�. (5) If the Property is located outside the limits of a municip�lify; Seller notifies Buyer under §5.011, TexasProperty Code, that the Property may now or 1<3!er: 9,�;._ib.cl9ded in the extraterritorial jurisdiction of a municipality and may .now or later be subjecfto. ·an"ri'exation · by the muni cipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jufisdictioii.'i:kfa likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. · (6)Unless expressly prohibited in writing by the_parties, _Sell�r-may continue to show the Property for sale and to receive, negotiate and accept back-up offers/." - - ··. 7.PROPERTY CONDITION:., .. A INSPECTIONS, ACCESS AND UTILITIES: Buy�r may'have_the Property inspected by an inspector selected by Buyer, licensed by TREC or otherwise pe,rr:niMd oy law to make such inspections. Seller shall permit access to the Property at reasonable times for i_nspection, repairs and treatment and for reinspection after repairs and treatment have been completed. Seller shall pay for turning on utilities for inspection and reinspection. · · · · B.ACCEPTANCE OF PROPERTY CONDIXION:-NOTICE: Buyer should determine the availability of utilitiesto the Property suitable to satisfy Buyer's ne·eds. (check one .box only):□(1) In addition to any earnest money deposited with escrow agent, Buyer has paid Seller $. ______ (the "Option Fee") for the unrestricted right to terminate this contract by giving notice of termination to Seller within __ · days after the effective date of this contract. If Buyer gives notice of termination within the time sw.eGifi.�9_;-tji� Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. If Buyer does not give notice of termination within the time specified, Buyer will be deemed to have ?96epted the-Property in its current condition and the Option Fee □ will □ will not be creditetl to'th'e.-·Sales Price at closing. Iii (2) Buyer accepts the Property in its present conditiori". 8.BROKERS' FEES: All obligations of the parties fo� ,payment qf brokers' fees are contained in separate• ,, ,.,,..l• ••. , written agreements. ·-. •·., ... · ..9.CLOSING: The closing of the sale will be on or before Aug{i�t. 12. 2002 , • orwithin 7 days after objections to matters disclosed in the. Com_mitment or by the survey have been cured.whichever date is later (the Closing Date). ff financing oi'_"assumption approval has been obtained pursuant to Paragraph 4, the Closing Date will be extended up to 15 days if necessary to comply with lender's closingrequirements. If either party fails to close th�s S?le bythe.Clo�_in_g Date, the non-d�fa\,!lting RaftY will be entitledto exercise the remedies contained in Paragraph 15. At closing Seller shall furnish tax statements orcertificates showing no delinquent taxes and . a,.general warranty.-deed conveying good and indefeasible titleshowing no additional exceptions to those permitted in Paragraph 6. 10.POSSESSION: Seller shall deliver posses ·sion ·of the' Prop\,lrt/to Buyer at closing and funding. 11.SPECIAL PROVISIONS: (Insert only factual statements and-business details applicable to this sale. TREC rules prohibit licensees from adding factual statements-,or,busih�ss details for which a contract addendum,lease or other form has been promulgated by TREC for mandatory use.) Initialed for identification by Buyer'9�t--..., ., J ••• :.�·� );;;, �==�:-\� '••'9 - ··;.1,•·.• -�·!. .,, .. . .. :- and Seller ___ _ -� ....... �--��-:){::. b· . '· .l-l · -� . . . · .. ,·� .. :�!.�· '.:>Jt.'-:�. ,.J.,"' :�··. ·---:�. 01A . TREC NO. 9-4 Unimproved Property Contract Concemin -•. ,.. •,::: .. ,·.·. • Page Five �ff .SE�TLEMENT AND OTHER EXPENSES: (Address _of Pr9perty) 11-8-99 A The following expenses must be paid at or prior to d9slng;_ (1)Appraisal fees will be paid by · . . . (2)The total of loan discount fees may not exceed · % of the loan . of which Seller shall pay ______ and Buyer shall pay i�e . -remainder. The total of any buydown fees may not exceed ______ which will be paid. by ________________ . (3)Sellers Expenses: Releases of existing liens, incl.uding prepayment penalties and recording fees; release of Seller's loan liability; tax statements .or c�rtificates; preparation of deed; one-half of escrow fee; and other expenses stipulated to be paid ·by· Seller under other provisions of this contract. .. . . ·. (4)Buyer's Expenses: Loan application, origination :ar:id '.commitment fees; loan assumption costs;preparation and recording of deed of trust to secure assumption; lender required expenses incident to new loans, including preparatior.i of loan:documents, recording fees, tax service and research fees, warehouse or underwriting fees, copies· of restrictions and easements, amortization schedule, premiums for mortgagee title policies ar:id endorsements required by lender, credit reports, photos; required premiums for flood and hazard insurance; required reserve deposit for insurance premiums and ad valorem taxes; interest on ·-all monthly installment notes from date of disbursements to one month prior to dates.-.qf.first·r:n.onthly payments; one-half of escrow fee; andother expenses stipulated to be paid by Buyer ·under other provisions of this contract. 8.If any expense exceeds an amo unt expressly stated in this contract for such expense to be paid by aparty, that party may terminate this contract unless the'.-other party agrees to pay such excess. In noevent will Buyer pay charges and fees expressly.prohibited by governmental loan program regulations. 13.PRORAT!ONS AND ROLLBACK T..A.XES:A P.RORA TIONS: Taxes for the current year, inte.res( ·maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the pro rations when· tax.statements for the current year are available. If a Joan is assumed and the lender maintains an escrow account, the escrow account must be transferred to Buyer without any deficiency. Buyer shall reim_burse Seller forthe amount in the transferred account. Buyer shall pay the premium for a new insurance·policy. lf taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the current year,,-.;:,.,;\ ..... · .,. -B.ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessmentof additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments willbe the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a specialuse valuation on the Property claimed by Seller results in--Assessments for periods prior to closing,the Assessments will be the obligation of Seller. Obligations imposed by thls paragraph will surviveclosing. ,;;,1.'.· ·,� -.i.t:· ( ..... , .. •;jJ 14.CASUAL TY LOSS: If any part of the Property is"Bai'naged ·or destroyed by fire or other casualty lossafter the effective date of the contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Clos.io.g Oate_._J(�eller fails to do so due to factors beyond Seller's control, Buyer may either (a) terminate.this contract.and the earnest money will be refunded to Buyer (b) extend the time for performance up to· 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damagecl_ cond _itjqn and accept an assignment of insurance proceeds. Seller's obligations under this paragraph'·are inciependent of any obligations of Seller under Par agraph 7. _ · . 15.DEFAULT: If Buyer fails to comply with this contrlBt, Buye/�ill be in default, and Seller may either (a)enforce specific performance, seek such other relief.�:s.:mayoe provided by law, or both, or (b) terminatethis contract and receive the earnest money as liquidated'·cfatriages, thereby releasing both parties fromthis contract. If, due to factors beyond Seller's control;,s_eller"fails within the time allowed to make anynon-casualty repairs or deliver the Commitmer,it, Buyer r.nay_e�her (a) extend the ti111e for performance upto 15 days and t�e Closing Date will be e�enged �� necess.�·!Y ·or _(b) tE:rminate this contract as the soleremedy and receive the earnest money. If SeJler f§uls to comply with this contract for any other reason,Seller will be in default and Buyer may ei,tl:)e((�) eritorce specific performance, s·eek such other relief asmay be provided by law, or both, or (b) teirn1riate this.contract and receive the earnest money, therebyreleasing both parties from this contract. . _,,., . Initialed for identification by Buyer�& and Seller:}��-.;:._;/�_:::,;.:) · : � . . . � � . ,:., '\ · ...... . ,'\ ......'/.:' ';., ,: .... 01A TREC NO. 9-4 ;�:: : __ ;_:".· ·,t •,• Unimproved Property Contract Concemin,,,_ ___________________________ Pag e Six 11-8-99 (Address of Property) H{ 'DISPUTE RESOLUTION: It is the policy of the-Stc:1t� o( T�xps_ to encourage the peaceable resolution of disputes through alternative dispute resolution proced�r�s.· 'the.parties are encouraged to use an addendum approved by TREC to submit to mediation disputes which can hot b.e resolved in good faith through informal discussion. · .;· . _ ·. , . · ...... -:.:., !• � 1.' •. � ... : ;;.,.�·. . : -•. 17.ATTORNEY'S FEES: The prevailing party in any legal'proc.eeding-brought under or with respect to the transaction described in this contract is entitled to recoverJrom the non-prevailing party 'all costs of such proceeding and reasonable attorney's fees. · · ·· · �·1: ' :,-.. ... , 18.ESCROW: The earnest money is deposited with esctow agent with the understanding that escrow agent is not (a) a party to this contract and does not-have any'li�oility for the performance or nonperformance of anyparty to this contract, (b) liable for interest on the earnest money and ( c) liable for any loss of. earnest moneycaused by the failure of any financial institution in which the earnest money has been deposited unless thefinancial institution is acting as escrow agent. At closing·;.the earnest money must be applied first to any cash down payment, then to Buyer's closing costs and any excess reftmded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow. ageri� from all parties. If one party makes writtendemand for the earnest money, escrow agent shall gfve notice of the demand by providing to the other party a copy of the demand. If escrow agent does not rece_i'-(e,written .objection to the demand from the other party within 30 days after notice to the other party, escrow· ag:eiifmay disburse the earnest money to the party making demand reduced by the ·amount of unpaid expinses· incurred on behalf of the party receiving the earnest money and escrow agent may pay the same· to, the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases·escrow agent from all adverse claims related to the disbllrsal of the earnest money. Escrow agent's notic'e(to· the·qthe.r: party will be effective when depositedin the U.S. Mail, postage prepaid, certified mail, return/ec�fpt re:quei'sted, addres sed to the other party at suchpc:1rty's address shown below. Notice of objection to 'tfieaemar:id will be deemed effective upon receipt by escrow agent. · .:; · ,: ... 11·�\ 19.REPRESENTATIONS: Seller represents that a_s of the Closing 'bate (a) there will be no liens, assessments,or security interests against the Property which \viii not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed lo9,ns will not be in default. If any representationin this contract is untrue on the Closing Date, this cor:ittc:1ct may be terminated by Buyer and the earnestmon�y will be refunded to Buyer. All r�pre.sentations' corit�ih�cl.' in,' .tf:tis contract will SUNive closing.. . ....... · .. :: ..... 20.FEDERAL TAX REQU!REMENT: If Seller is a ''foreign persdh;;,;:�s defined by applicable law, or if Seller failsto deliver an affidavit that Seller is not a ''foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue SeNice together with appropriate tax forms. IRS regulations r�q.1:1ir.e..@r'!.9.,yvritten reports if cash in excess of specified amounts is received in the transaction. 21.AGREEMENT OF PARTIES: This contract contaiQ�.t��J�-iiiire agreement of the parties and cannot bechanged except by their written agreement. Addenda ,;,yhich'�r�. a: part of this contract are (list): ___ _.... '· •.. .. ... .. ,, ·•.··· . ·� ... ; ' .' ·::,·. '� '-�� ..... 22. CONSULT YOUR ATTORNEY: Real estate fic�ns�s cannot-�ive legal advice. This contract is intended. to be legally binding. READ IT CAREFULL Y.:lf you dd not understand the effect of this contract, consult your.. attorney BEFORE signing·: · · ' · :-�-"·'·., .... Buyer's · Seller's·\" Attorney is:._____________ •:�Att�r:t;1ey:is:. _____ _..;_ _______ _ Initialed for identification by Buyer�iJ and Seller_�__,--,,-.,.i·.•;•.: .. ·· .. \.•. ;·.�· ; . ',.,., . ;.-:··�.-: ��. 01A TREC NO. 9-4 Unimproved Property Contract Concemin ·: :' . ·. ... Page Seven 11-8-99 (Address _?f Property) 23., .NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, °'· ·· hand-delivered at, or transmitted by facsimile machio�. �9. f9.!l.9vys:, , .. To Buyer at: _,·,·To Sell.e(a�: City of Friendswood 910 S. Friendswood Dr. Friendswood, Texas 77 ��6 Telephone: (.2.fil) 996-3 2 00 ·•.-, Facsimile: ( 2 81 )_"'--'9 9""""6'---=3=-2 6=5'------- ·<.->J:.·:i> :Brown, Jr. ,, . 323 Springfield Dr. Angleton , TX 77 515 Telephone: (979 )-'-8-'-88;;._-..;::2;_;__7.::...87;__ _____ _ Facsimile: (_) __________ _ _ :.:_: .�, .. �. -� . �··_' } .. __________ (TH.E EFFECTIVE DATE). (BROKER: FILL CE.) Seller Buyer ·seller •.• .. , ... ., .. The form of this contract has been approved by the Texas Real "Esta�e Cqmrijls$ion. Such approval relates to this contract form only. TREC forms are intended for use only by trained real estate",l(cehsees, No representation is made as to the le gal validity or adequacy of any provision in any specific tr ansaction. It is not suitable for'comp/ex transactions. Extensive riders or additions are not to be used. Texas Real Estate Commission, P.O. Box 121:88, Austin,.JX 78711-2188, 1-800-250-8732 or (512) 459-6544 l (http://www.trec.state.tx.us ) TREC NO. 9-4. This form replaces TREC NO. 9-3. sRoKER 1NFoRMATi8N �No.·.:RAtiF1cAT10N oF FEE Listing Broker has agreed to pay Other Broker -,.:. of the total sales price when Listing Broker's feeis received. Escrow Agent is authorized and directed to pay Other B"roker from List}ng Broker's fee at closing. Other Broker License No. represents D Seller as Listing Broker's subagent D Buyer only as Buyer's agent Associate Telephone Broker Address Telephone Facsimile i,··.;•'.f Listing Broker represents ,\.:•:·· ·;, .. _ listing Associate < .,,,,S.�l!ir,w.i-::S.$.OCiate .. ;�:-' ·'·, f' •. '/�:: ::--.: ... .. ·-. �-: ... '-.--S�oker Address Telephone . :, ' ...... '!.: ... RECEIPT License No. D Seller and Buyer as an intermediar y D Seller only as Seller's agent Telephone Telephone Facsimile Receipt of D Contract and D $ ____ Ea rnest Money in the f9nn .. of is acknowledged . . :-�:�:.:,, .. ,·. ·.' .�:·. ··•: ..... .. Escrow Agent: _____ �------------'---.. Date: ____________ ._ ___ _ By. _____________________ _ Telephone:(_) ___________ _ Address 'Facsimile: (_) ___________ _ City State Zip Code ··=��-. ... ·"; 01A TREC NO. 9-4 ·-.,:.:'.\ /;� ��;::.·{(' •, · .. --�· 7/11/02 cc: M&CC � §afuHton County Conrnlidahd (_Jjrnina9£ (_Jji1.hict P.O. BOX 607 • PHONE (281) 482-0404 • FAX (281) 482-8505 FRIENDSWOOD, TEXAS 77549-0607 July 8, 2002 , �Y:>��707 .. ,. I>-� 11<_3_ . r:.� ? /. C\J JUl2 "'� ;:;; _ey§£c£ vo2 �·o .c. .Of FH1�'11£D en AD � -�'D$Woo. �: -�... o>�G£il .'D c;;· \ c- '. -<c>g, �'<5 . �,S-l Mr. Ron Cox, City Manager City of Friendswood 910 S. Friendswood Dr. Friendswood, Texas 77546 Dear Mr. Cox: The Board of Directors approved the participation in acquiring Lot 39 in Imperial Estates at the March 26, 2002 meeting. They have agreed to pay half of the price of the lot and half of the closing costs. Sincerely, 1/��iel:_ David Kocurek General Manager .• ;L •, ._L, .. •� ....