Farm And Ranch Contract Page 2

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Contract Concerning
Page 2 of 9
8-01-2011
(Address of Property)
A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$
(excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: If the Property does not satisfy the lenders' underwriting
requirements for the loan(s) (including, but not limited to appraisal, insurability and
lender required repairs), Buyer may terminate this contract by giving notice to Seller
prior to closing and the earnest money will be refunded to Buyer.
(1) Credit Approval: (Check one box only)
(a) This contract is subject to Buyer being approved for the financing described in the
attached Third Party Financing Addendum for Credit Approval.
(b) This contract is not subject to Buyer being approved for financing and does not
involve FHA or VA financing.
B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory
notes described in the attached TREC Loan Assumption Addendum.
C. SELLER
FINANCING: A promissory note from Buyer to Seller of $
,
secured by vendor's and deed of trust liens, and containing the terms and conditions
described 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.
5. EARNEST MONEY:
Upon execution of this contract by all parties, Buyer shall deposit
$
as earnest money with
,
as escrow agent, at
(address). Buyer shall deposit additional earnest money of $
with escrow
agent within
days after the effective date of this contract. If Buyer fails to deposit the
earnest money as required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at
Seller’s
Buyer’s expense an owner policy
of title insurance (Title Policy) issued by:
(Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer
against loss under the provisions of the Title Policy, subject to the promulgated exclusions
(including existing building and zoning ordinances) and the following exceptions:
(1) The standard printed exception for standby fees, taxes and assessments.
(2) Liens created as part of the financing described in Paragraph 4.
(3) Reservations or exceptions otherwise permitted by this contract or as may be approved by
Buyer in writing.
(4)The standard printed exception as to marital rights.
(5)The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense,
may have the exception amended to read, "shortages in area".
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's
expense, legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions.
Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer
at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are
not delivered to Buyer within the specified time, the time for delivery will be automatically
extended up to 15 days or the Closing Date, whichever is earlier.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to
the Title Company and Buyer’s lender(s). (Check one box only):
(1) Within
days after the effective date of this contract, Seller shall furnish to
Buyer and Title Company Seller's existing survey of the Property and a Residential Real
Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit).
If Seller fails to furnish the existing survey or affidavit within the time
prescribed, Buyer shall obtain a new survey at Seller's expense no later than
3 days prior to Closing Date. The existing survey
will
will not be recertified to
a date subsequent to the effective date of this contract at the expense of
Buyer
Seller. If the existing survey is not approved by the Title Company or Buyer's lender
(s), a new survey will be obtained at the expense of
Buyer
Seller no later than 3
days prior to Closing Date.
(2) Within
days after the effective date of this contract, Buyer shall obtain a new
survey at Buyer’s expense. Buyer is deemed to receive the survey on the date of
actual receipt or the date specified in this paragraph, whichever is earlier.
(3) Within
days after the effective date of this contract, Seller, at Seller's expense
shall furnish a new survey to Buyer.
(4) No survey is required.
D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to
title disclosed on the survey other than items 6A(1) through (5) above; or disclosed in the
Commitment other than items 6A(1) through (6) above; (ii) any portion of the Property
TREC NO. 25-8
Initialed for identification by Buyer
and Seller
American LegalNet, Inc.

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