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HomeMy WebLinkAboutRES 15-091RESOLUTION NO. 15-091 BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Spindletop Unitarian Church for the sale of property located at .1205 Franklin Street known as the Literacy Depot. The contract is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2015 U ayo Becky es - a APR -28-2015 23:42 SOCIAL SECURITY ADMIN 40672927369 P.001 TEXAS Assomnoi,4 OF REALTORSO COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF TMS FORM BY PEMNS WHO ARE NOT MFMOFAS OP THE TB(A$ A$$QQ1AT10N OF REALTOPM 18 NOT AUTHORIZED. EL-.* AVacCISHOd Of REALTOAM In& 20`14 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: CitY of BGa=Ont Address: 9Q, ma -rt h Main Ptyeot, Beau n- TX 77701 Phone: E-mail: Fax: Other: Buyer: 9P3.x`t_d1etm oixLt-arian mumah Address: 2540 Flax l Beaumont, = 77702 Phone: (409) 2$_3-09_51 E-mail: Fax: Other: 2. PROPERTY - A. "Property' means that real property situated in Jefrax*on County, Texas at - 1205 Franklin StxAot,. BeAj;�nt, TX 77701 (address) and that is legally described on the attached Exhibit _A ..- — or as follows: B_ Seller will sell and convey the Property together with: (1) all buildings, 1 miprovement ' s, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's eight, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4), Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Sellers interest in any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible 1 personal property located on the Property that is used in connection with the Property's operations except: Any personal property not included in the sale must be removed by Seller prior to closing. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum-) (/f mineral rights are to be reserved an appropriate addendum should be attached.) (If the Property is a condominium, attach Commercial Contract Condominium Addendum (TAR -1930).) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing ............................... $ 73,000,00 B. Sum of all financing described in Paragraph 4 ........................... $ C. Sales price (sum of 3A and 3B) ....................................... $ 73,000-00 (TAR -1801) 4-1-14 Initialed for Identification by Seller and Buyer Page Page I of 14 NAI Whq.,eler, 470 Ortcanq Strget, 12th Floor Beaumont, TX M01 Fhon4,40.9-899-334O Fax: 409-899-$301 Brica Goss 1205 firanklin ?rodu,)6d!withzipFprn0byz1pLegix IWO Moon Mae Road, Fitrar, Michigan 4=8 vmwz1gL;J;j&co EXHIBIT APR -28-2016 23:42 SOCIAL SECURITY ADMIN 40672927359 P.002 Commercial Contract - Improved Property concerning 1205 Franklin Street,- _Bqa=qnt, = 77701 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 38 as follows: 0 A. Third Party Financing: -One or more third party loans in the total amount of $ This contract: El (1) is not contingent upon Buyer obtaining third party financing, E3 (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing; Addendum (TAR -1931). 13 B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Beyer Will assume the: existing promissory note secured by the Property, which balance at closing will b Setter Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of 5, EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 3,650. 00 —asearnest money With Tax*$ Regional Title Company_ (title company) at 3195 Dowlen Rd.,! $to 108, Beaumont, TX (address) molly mallet — (closer), If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies, under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: 0 (i) days after buyer's tight to terminate under Paragraph 7B expires; or 0 (ii) Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B Within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financiial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Po&ay: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: W (a) will not be amended or deleted from the title policy. 0 N will be amended to read "shortages in areas" at the expense of El Buyer El Seller. (3) Within . 3.5 days after the effective date, Seller Will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyers address. (TAR -1801) 4.1-14 Initialed for-ldentifloation by Seiler -, and Buyer,- Page 2 of 14 Praduood with 719Fom4 by x1pLogIg 18070 Fiftopn M119 Road, "or. MWw 48020 m8w2JAt&2kMm_ 1205 rjunklin APR -28-2015 23:43 SOCIAL SECURITY ADMIN 40672927369 P.003 Commercial Contrast- improved Property concerning 1205 Franklin Street, Beaumont, TX 77701 1 B. Sm. : Within - 7 days after the effective date: 0 (1) Bu or will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seiler, The survey must be made in accordance with the: (i) ALTAIAOSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer - (insert amount) of the cost of the survey at closing, if closing occurs. El (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (H) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. M (3) Seller will deliver to Buyer and the We company a true and correct copy of Seller's most recent survey of the Prdperty along with an affidavit required,by the title company for approval of the existing survey,, if 4he eAetlmg sup�ey -� Ret- aeeep"!� -�e �i�. #N! eerfipaRy, C. UCC Search ❑ (1) Within- days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal prop" in the last 5 years. M (2) Buyer does not require Seller to furnish a UCC search. D. Buyers Obiections to the Commitment, Survey, and UCC Search: (1) Within, - 5 -- days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if. (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by!this contract or lions that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "N" or W" zone as defined by FEMA), If Paragraph 613(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date Buyer actually receives the survey; or (H) the deadline specified in Paragraph 68. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections.: if Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(I), will be refunded to Buyer. (3) Buyers failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer wilt not waive the requirements in Schedule C of the commitment - (TAR -180i) 4.1-14 Initialed for Identifloation by Seller -, - and Suyer--Q�- Page 3 of 14 producqd with zipF,;m4 by jipLoglx 18470 Afteen Mile Road, Fmftr, MMIcan 466 rhVdjg4&�W 1205 FTM1kl in APR -28-2016 23:43 SOCIAL SECURITY ADMIN 40672927359 P.004 Commercial Contract- Improved Property concerning 1205 Franklin Street, Segumont,-. TX 77701 7. PROPERTY CONDITION-: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seiler's expense, will complete the following before closing., B. Feasibility Period : Buyer may terminate this contract for any reason within — 7, - –days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) M (1) If Buyer terminates under this Paragraph 78, the earnest money Will be refunded to Buyer less $1.000,001 - that Seller will retain as independent consideration for Buyers unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. if no dollar amount is dated in this 0 (2) Not later thaO days after the effective date, Buyer must pay Seller $ � — as independent Consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 78, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amokint is aa–ted in this C. Inspections, Studi ies, or Assessments: 0) during the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on ail utilities necessary for Buyer to make inspections, studies, or assessments. (3) Buyer must. - (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere With existing operations or occupants of the Property; and (e) restore the Property to its original condition if , altered due to inspections, studies, or assessments that, Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Proggerty information: (1) Delivery of Property information: Within NJA days after the effective date, Seller will deliver to Buyer: (Check afl that;apply,) C;�4– (TAR -1001) 4-1-14 InItialedifor Identification by Seller and Buyer Page 4 of 14 PrOuced with ApFormO by VOLOON IWO F11166A MID Rgach Raw, Michigan 43M WW,7ipLOg1)i.i;tfrlt 1205 Franklin APR -28-2016 23:43 SOCIAL SECURITY ADMIN 40672927359 P.005 Commercial Contract - Improved Property concerning 1205 Franklin Street, D0SL=ont,TX 17701 13 (a) a. current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; Q (c) a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property; El (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; 0 (e) copies of all ;current service, maintenance, and management agreements relating to the ownership and- operation of the Property; 0 (f) copies of current utility capacity letters from the Property's water and sewer service provider, Q (g) copies of all current warranties and guaranties relating to all or part of the Property; El (h) copies of fire, hazard, liability, and other insurance policies that currently relate to, the Property; C1 (i) copies of all leasing or commission agreements that currently relate to the tenants of ail or part of the Property; C3 0) a copy of the "as -built" plans and specifications and plat of the Property; El (k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months immediately preceding the effective date; 0 (1) a copy of Seller's income and expense statement for the Property from to I . E3 (m)copies of all previous environmental assessments, gootechnical reports, studies, or analyses made on or relating to the Property; El (n) real & personal; property tax statements for the Property for the previous 2 calendar years; and C3 (o) Tenant reconciliation statements including, operating expenses, insurance and taxes for the Property from to and El (p) (2) Return of Ejr_opertv1IU_formation: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) 0 (a) return to Beller; ail those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an elWronlc format and all copies that Buyer made of those items; 0 (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and I W (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this pontract. E. Contracts Affecting-0-Wration : Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer Or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Par6graph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES, A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seiler may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease Without Buyers written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Sellerito comply with Seller's obligations under the leases; (TAR -1801) 4-1-14 Initialed for Identification by Seller and Buyer CIA— Page 5 of 14 Prc4vgw with ?jpF;bmO by zIpUD& W70 r-meen Mi19 Road, Ftm6r, Michigan 48026 www ,z1pLoa1x,pprn 1205 FrarWin APR -28-2015 23:43 SOCIAL SECURITY ADMIN 40672927359 P.006 Commercial Contract - Improved Property concerning 1205 Franks im Street2auumont , TX 77703, (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non-occupancyiof the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed: or taken subject to under this contract. B. estoppel Certificates: Within - NA - days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than — by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party fender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broksr. KenWheel,ne. db a_ -4- VAX Cooperating Broker: Colftell &anker WheaLer Cp_mMg_rc:La1, -Agnold rx-Associatps AgentL*e Y. itaaie.--, 3:x:r Agent: aes* -ca Pripce Address: 470 Orlenne Street, 12th. FL Address: I Acadi -ana C mx-t 9QMMpont, M>£' .77703, 2114-=ont, MX, 77706 Phonea Fax: (405)89,9!-3300 - (4091899-3301 Phone& Fax: (40012.a_3-5055 E-mail: &?!bLqa1ykg@HA1!ftVkJer. com - E-mail: jes@gkgaaa.com license No.: 579943 License No.: $18763 Principal Broker: (Chacklonly one box.) Cooperating Broker represents Buyer. * represents Seller only. * represents Buyer only. [3 is an intermediary between Seller and Buyer, B. Ei-ea, (check only (1) or (2) below.) (COMPIM the Agreement Between Brokers on page 14 only if (1) is selected.) 13 (1) Seller will pay Pri6cipal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. M (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: 21 3.000 % of the sales price. Ll Cooperating Broker a total cash fee of: M 3.000 % of the sales price. The cash fees will be paid in 9aftexson - --County, Texas. Seller authorizes the title company to pay the broker's from the Seller's proceeds at closing. (TAR -1601) 4-1-14 Initialed for Identification kr Seller and BUYGr/,-A— I — Page 6 of 14 PrW-W WM Z*)pF6nrA by ZIPLO& 18070 Rhan M116 Road, Fmser, MIcUptin 48026 WZ=LZLm 1205 Franklin APR -28-2015 23:43 SOCIAL SECURITY ADMIN 40672927369 P.007 COmmercial Contract - Improved Property concerning _.x206 Frasik7 ixs Sheet, �eaxamor�t, TQC 77705 NOTICE Chapter 62, Texas Prppo4 code, authori-70S a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 Without the written consent of the brokers affected by the amendment. 10. CLOSING: A. The date of the closing:of the sale (closing date) will be on or before the later of: (1) Ll - days after the expiration of the feasibility period. 0 {.specific date). M 2-0 days aftex dolzLyery of 1!itlA commitnwizit (2) 7 days after objections made under Paragraph 6D have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a C) general Q special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all .leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the perrson executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (H) deliver the amount to the Internal Revenue Service together with; appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyer will; (1) pay the sales price in 1goocl funds acceptable to the title company; (2) deliver evidence that -the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (TAR -1801) 4-1-14 Initialodifor Identification by Seller and Suyerl_� , - Page 7 of 14 ftducod Mlh ZpFurmTp by zipLagix 18070 FJN?gn Mile Road. Preset, Michigan 48028 wWmzl6l Mix.com 1205 Frmklin APR -28-=5 23:44 SOCIAL SECURITY ADMIN 40672927359 P.008 Commercial Contract - Improved Property concerning 3,205 Pranklln Street, Bequ=nt, TX 77701 (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will, deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS." -The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of oxistingi, liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that -Seller will pay under other provisions of this contract, S. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) Preparation fees of any deed of trust-, (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be required by Buyer's lender-, (5) one-half of any escrow fee; and (6) other expenses that Guyer will pay under other provisions of this contract. (TAR -1801) 4-1-14 Initialed for Identification by Seller -, - and Buyer �t, - Page 8 of 14 ProdUeed with ApPorm.0 by zipLoUix 18070 Fifton MR) Rmd, Fraser, Miahipn 48026 Wm&zIrLCQLX.eOM 1205 Fral))din APR -28-2015 23:44 SOCIAL SECURITY ADMIN 40672927359 P.009 Commercial Contract - Improved Property concerning 1205 F=mk1in_St=eet, Baaumont4 TX 77701 14. PRORATIONt. A. Protations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad: valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) if, Buyer assumes a loan or is taking the- Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Ro[IDAek Taxes: If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest (assessments)i for periods before closing, the assessments Will be.the obligation of Seller, If this sale or Buyers use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 148 survives closing. C. Rent and Security Qgposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be, remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole romedy(les), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(4) which i Seller may pursue, or (Check if appfioable) . M enforce specific perfornp ance, or seek such other relief as may be provided by law. S. If, without fault, Seller is unable within the time aJlowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for Oerformance up to 15 days and the closing will be extended as necessary, G. Except as provided in Paragraph 158, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 78(1), as liquidated damages and as Buyer's sole remedy; or as Buyeits (2) enforce specific: performance, 9F seelt sueh ethef rellet as ffiay be pfevideel by iaw. sole remedy. 16. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date, Seller must restore the -Property to its previous condition as soon as reasonably possible and not later than the closing date, If, without fault, Seller is unable to do so, Buyer may., (TAR -1801) 4-1-14 Initialed for Identification by Seller and Suyer, Page 9 of 14 Waducod with ApPortrM by 2ipUqix 78070 Flflean Milo Rood, Fraser, Michigit) 48026 mmy=0014= 1205 Franklin APR -28-2015 20:44 SOCIAL SECURITY ADMIN 40672927369 P.010 Commercial Contract - Improved Property concerning 1205 Franklin street,_ boaumont , TX 77701 (1) terminate this contract and the earnest money, less any independent consideration under Paragraph 78(1), will be refunded to Buyer; (2) extend the time for performance up to 16 days and closing will be extended as necessary; or (3) accept at closing: (i) the Proparty in its damaged condition; (5) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 713(1), will W refunded to Buyer; or (2) appear and defend -the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES., if Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitledtorecover from the non -prevailing parries all costs of such proceeding and reasonable attorney's fees, This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, .then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expOnses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within IS days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 78(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money, R -Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money, (H) the earnest money; (M) reasonable attorney's fees; and (iv) all costs of suit. G, 17-1 Seller 0 Buyer intend(s) to complete -this transaction as a pan of an exchange of like -kind propertiesin accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good. faith to arrange and consummate the exchange so as to comply to the maximum extent (TAR -1801) 4-1-14 Initialed for Identification by Seller -, - and Buyerclw , Page 10 of 14 FtoduW vAlh ApFwrOhy 21pLb& 18470 Rneen We R06tL Fret or, Michtgan 48MB www.7iDLpuj&wm 1205 FT -;LW in APR -28-2015 23:44 SOCIAL SECURITY ADMIN 40672927359 P.011 Commercial Contract - Improved Properly concerning 1205 Pranklin Street, Baaumont, TX 77701 feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange falls to occur. VA'A i-41111111110=32"MIM-Mm M -A -in .1 MAW" 72NUMM-MMYROM 0 20. NOTICES. All notices between the parties under this contract must be in writing and are effective when parties mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representingt1he party to whom the notices are sent. IM A. Seller also consents to, receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. M B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION:! The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph -survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES. A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. S. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. (TAR -1801) 4-1-14 Initiated for Identificafion by Seller -, _ and Buyer CYC , _ \ Page 11 of 14 Produced with 2iororm0by,-1pL*U1x 18070Fiftcon mile Road, rranar, Michigan 48028 g=yZ"2gJ&= 1204 Frinklin N MORN li ......• 20. NOTICES. All notices between the parties under this contract must be in writing and are effective when parties mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representingt1he party to whom the notices are sent. IM A. Seller also consents to, receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. M B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION:! The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph -survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES. A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. S. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. (TAR -1801) 4-1-14 Initiated for Identificafion by Seller -, _ and Buyer CYC , _ \ Page 11 of 14 Produced with 2iororm0by,-1pL*U1x 18070Fiftcon mile Road, rranar, Michigan 48028 g=yZ"2gJ&= 1204 Frinklin APR -28-2016 23:44 SOCIAL SECURITY ADMIN 40672927359 P.012 Commercial Contract - Improved Property concerning 1905 Franklin Street, Beaumont, TX 77701 ■ ■ ■ Addenda which are part of this contract are: (Chock ail that apply.) (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Condominium Addendum (TAR -1930); (3) Commercial Contract Financing Addendum (TAR -1931); (4) Commercial Property Condition Statement (TAR -1408); (5) Commercial Contract Addendum for Special Provisions (TAR -1940); (6) Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards (TAR -1906); (7) Notice to Purchaser of Real Property in a Water District (MUD); (8) Addendum for Coastal Area Property (TAR -1915); 9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1 916); 10) Information About Brokerage Services (TAR -2601),, and (11) (Note: Counsel for the Texas Association of REAL TORSO (TAR) has determined that any of the foregolnq addenda which am promulgated by the Texas Real Estate Commission (THEO) or published by tAR are appropriate for use with this form.) E. Buyer 0 may M may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's obligations under this cdntract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with 'the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NO110ES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. S. It the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13257, Water Code: "The real property, described below, that you are about to purchase may be locat6d in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer iservice. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or, shares a common boundary with the tidally influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be - included as part of this contract. I (TAR -1801) 4-1-14 Initialed for Identification by Seller and Buyer ollpr Page 1-2 of 14 Producod with zlpRnO by zipLogix ,$(,7o iPineen we RoAti, Fraser, Michigan 48028 zb%�m� 1205 Frankiiii APR -26-201E 23:45 SOCIAL SECURITY ADMIN 40672927369 P.M Commercial Contract - improved Property concerning 1205 P=anklin Street,. Ba!1tym9nt, TX 77701 E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. If apartments or other!residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remodiation certificate issued for the Property during the 5 years preceding the date the Seller sells the Property, I. Brokers are not qualified to perform property inspections, survey$, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and -othe'rapplicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. 26, CONTRACT AS OFFER- The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time Zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommend " ation as to the legal sufficiency, legal effect, or taX Consequences of this document or transaction. CONSULT your'attorney BEFORE signing, S011sr. Mty Of BoaLmoylt By: Buyer: SpindlatoP 'Unitarian ChUtah- -Na--,r- yes By; CaLthy A3.10A - _CC.*en By (signature): Printed Name: ftle Have Title: C:Ltv��e�r By (Signature): Printed Name - Title; BY: By (signaturG), Printed Name: A1.1441,CC5�-_A,-, TJtle:Act_tnq kr"ident By (signature): Printed Name-, (TAR -1801) 4-1.14 Page 13 of 14 ProduoW with zlpForm(V by 2101.00lix V1070 Fifteen Mile Road, Fraisbr, Mighig(kn 49026 ftWZ�rn 1205 Franklin APR -28-=5 23:45 SOCIAL SECURITY ADMIN 40672927359 P.014 Commercial Contract - Improved Property concerniriq 1205 Franklin street, Beaumont, TX 77701 AGREEMENT BETWEEN BROKERS (use only if Paragraph 9H(1) is effective) Principal Broker agrees to pay(Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: D $ or D % of the bales price, or 13 % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker., Cooperating Broker: By: By: Seller's attorney: Address: Phone & Fax; ATTORNEYS Buyer's attorney: Address., Phone & Fax: E-mail; E-mail-, Seller's attorney requests copies of documents, notices, and other information: * the Ole company sends to Seller, * Buyer sends to Seller. Buyer's attorney requests copies of documents, notices, and other information: 0 the title company sends to Buyer. Ell Seller sends to Buyer. The title company acknowledges receipt of: El A. the contract on this day (effective date), ❑ B. earnest money in the amount of $ in the form of on Title company. By; Assigned file number (GF#): Address: Phone & Fax: (TAR -1801) 4.1-14 Page 14 of 14 Prt4i)WdjWfth7JPF0rA0byApL091X IOD70rjftwnMlle fioad,rfuarMihigan4ao2a ==ztl�1 1205 Fr inklin APR -20-2016 23:45 SOCIAL SECURITY ADMIN 40672927359 P.015 EXHIBIT BEING a 0.4425 acre tract of land, being all of that certain called 0.4442 acre tract of hald, more fully described as Tracts I & 2 recorded in Clerk's File No. 8915997 of the Official Public, Records of Jefferson County, Texa's and being out of and a part of Lots 85 thru 88 and 91 thru 93, Block 8 of the B. D. Crary Addition, recorded in Volume 3, Page 506 of the Deed Records of Jefferson County, Texas. Said 0.4425 acre tract being situated in the Noah Tcvls Survey,.Abstract No. 52, Jefferson County, Texas and being more particularly described as follows: COMMENCING at a 3/4 -inch iron pipe found at the North corner of Lot 1, Block 6 of said Crary Addition, same being the intersection of the Southeast line of Blanchette Street (60 feet wide public right-of-way) with the Southwest line of Victoria Street (60 feet wide public right-of-way); THENCE North 43 deg. 49 min. 45 sec. West crossing said Blanchette Street and along and with the Northeast line of said Block 8, same being the Southwest line of said Victoria Street, a distance of 179.99 feet to a point for the East corner of said Tract'l (from which a found chain link fence corner post bears North 04 deg. 47 min. 03 sec. East, 5.43 feet), same being the North corner of that certain Irvin Bourne and wife, Mary Bourne tract of land, more fully described and recorded in Clerk's File -No. 200.9037654 of the Official Public, Records of said Jefferson County and PLACE OF BEGINNING of the herein described tract; THENCE South 45 Oleg. 56 min. 26 s= West along and with the Southeast line of said Tract 1, same being the Northwest line of said Bourne tract and that certain Scott F. Shelander tract of land, more fully described and recorded in Clerk's File No. 2002034422 of said Official Public Records, a distance of 149.53 feet to a 5/8 -inch with cap stamped "WORTECH SURVEYORS" set at the East comer of that certain Hoang Nguyen tract of land, more fully desbribcd and recorded in Clerk's File No. 2000002160 of said Official Public Records, same being the most Southerly South comer of said Tract 1, from which a. V2 -inch iron rod found, bears South 45 deg. 56 min. 26 see. West, 149,52 feet; THENCE North 43 deg. eg. 49 min. 45 sec. West along and with the Southwest line of said Tract 1, same beingthe Northeast line of said Nguyen tract, a distance of 59.83 feet to a 5/8 -inch iron rod with cap stamped "WORTECH SURVEYORS" set at the Fast comer of said Tract 2, same being the, North comer of said Nguyen tract; al THENCE South 45 deg. 56 rnin. 20 sec. West along and with the Southeast line of said Tract 2, same being the Northwest line of said Nguyen tract, a distance of 30.00 feet to a 5/8 -inch iron rod with cap stamped "WORTECH -S-U RVEYORS" set at the South corner of said Tract 1, same being the Fast comer of that certain Hoang Nguyen tract of land, more fully described and recorded in Clerk's File No. 9700905 of said Official Public Records; .THENCE North 43 deg, 49 min. 45 see. West along and with the Southwest line of said Tract 2, same being the Northeast line of said Nguyen tract (Clerk's File No. 9700905), a distance of 120.00 feet to a 5/8 -inch iron rod with cap stamped "WORTECH APR -29-2015 22:29 SOCIAL SECURITY ADMIN 40672927369 P.001/001 SURVEYORS" set at the West corner of said Tract 2, same being the North comer of said Nguyen tract (Clerk% File No. 9700905) and being in the, Southeast line of Franklin Street (60 foot wide public; right-of-way); 'THENCE North 45 ,deg. 56 min. 26 sec. East along and with the Northwest line of said Tract 2, same being the Southeast line of said Franklin Street, a distance of 30.00 feet to a 5/8 -inch iron rod with cap stamped "WOKTECH SURVEYORS" set at the North corner of said Tract 2, carne being the West corner of that certain State of Texas tract of land, more fully described and recorded in Film Code No. 102-40-2205 of said Official Public Records; THENCE South 43, deg. 49 min. 45 see. East along and with the Northeast line of said Tract 2, same being the Southwest line, of said State of Teas tract, a distance of 50.00 feet to a 5/8 -inch iron rod with cap stamped "WORTECH SURVEYORS" set at the South comer of said State bf Texas tract, same being the, West comer of said Tract 1; THENCE North 64 deg. 27 min. 08 see. East along and with the Northwest line of said Tract 1, same beingithe Southeast line of said State of Texas tract, a, distance of 157.48 feet to a 518 -inch iron rod with cap stamped "WORTECH SURVEYORS" set at the North corner of said Tract 1, same being the East comer of said State of Texas tract and being in the Southwest line of said Victoria Street; THENCE South 43 deg. 49 min. 45 sec. East along and with the Northeast line of said Tract 1, same being the Southwest line of said Victoria Street, a distance of 79.83 feet to the PLACE OF BEGINNNG, containing 0.4425 acre of land, more or less. X X Seller Buyer TOTAL P.001 APR -28-2016 23:46 SOCIAL SECURITY ADMIN 40672927359 P.017 Approved by the Texas Real Estate Commission for Voluntary Use 10-10-11 Texas law requires all real estate 11censaos to give the following information about Ira FOR IT My brokeWe servlde6 to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services Before working with a real estate broker, you should know that the: duties of a broker depend on whom the ibroker represents. If you are a prospective sailer or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyers agent represents the buyer. A broker may act as an intermediary between the parties; it the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing. you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner�'s agent by entering into an agreement with the owner, usually through a written - luting agreement, or byi agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or: subagent can assist the buyer but does not represent the buyer and must place the Interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not went the owner' z know because an owner's agent must disclose to the owner any material information Known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker b000mes the buyeft agent by entering into an agreement to represent the buyer, usually through a written buyer represelitation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyers agent anything the owner would not want the buyer to know because a buyers agent must disclose to the buyer any material information known to the agent. IF THE BROKER AM AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlinedprint, set forth the brokers obligations as an intermediary. The broker' is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner-, (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4), may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Rea! Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. it you choose to have a broker represent you, you should enter into a written agreement With the broker that clearly establishes the broker's obligations and ryur obligations, The agreement should state how and whom the broker will be paid. You have the right to choose the type of representation, it any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you,acknowledge receipt of this Information about brokerage services for the licensee's records. Buyer, seller, Lantilorct or i enam Spindletoj> Unitarian Church exReal rwate Bmkem and salespersons are licormad and regulated by the TaXat Real Estate cOmmisslon frr[60). H you have a question or complaint regarding a Mat estate licensee, yoU sh06TddontA0tTREG at P.O. Sox 12188, Austin, Texas 78711-21$U, 512-936-3000 (http:tAym.treatexas.gov) FREC No. OP -K {TAR -2501)10-10-11 NAI Whocicr, 470 Orleans Strcct, l2th Floor Beaumont, TX 77701 Phon�-409-899-SXO Fax- 409 -999 -Ml Brice G035 Peodumd with ZpFo" by ZIPLOQIX 18070 Fiften Mile Road, Frew, Michigan 48026 =Z1VLQQiX.Q0m 12705 Franklin APR -2e-2016 23:45 SOCIAL SECURITY ADMIN 40672927359 P.018 Approved by the Texas Real Estate Commission for Voluntary Use 10-10.11 Texas law requires all real estate licensees to give the following information about brokerage services to pro.5pectivebuyers, tenants, sellers end landlords. BFtOflTUNtTVInformation About Brokeraw Services Bafore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owners agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyers agent represents the buyer. A broker may act as an intermediary between the partleslif the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owners agent by entering into an agreement with the owner, usually through a written - listing agreement, or by! agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office- A listing broker or,subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not toll the owners agent anything the buyer would not want the owner toi know because an owner's agent must disclose to the owner any material information known to the agent IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer.6 agent by entering into an agreement to represent the buyer, usually through a.written buyer representation agreement. A buyer agent can assist the owner but does not represent the owner and must place the interests of the buyer first, The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyers agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties it the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honesty and fairly and to comply with The Texas Real Estate license Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties- consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed tinder that Act and associated with the broker to communicate with and carry out instructions of the other party. It you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. if you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate license$ asks that you acknowledge receipt of this information about brokerage services for the licensees records, Buyer, Seller, Landlord or Tenant Date City ce Beaumont Texas Real Estate Brokers and &jlospersorls aro licensed and regulated by the Toxat. Real Estate Gornmiaslon (TREC), it you have a question or complaint regard1mv a real estate licensee, you should Icontact TREG atP.Q. Roy 12108, Austn,Texas 787ll-2188,$12-9$fJ-3000 (httPY/WWW-tr00-texas.goV) FREG No. OP -K (TAR -2501) 10-10-11 NADMiccler, 470 Orleans Strmt, 12th Floor Beaumont, TX 77701 Phonc:409-899-3300 Fax., 409-899-3301 LTioa Uoss Produced with ZpForrnO by gipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 m=XjRi.&olXcQW 1205 irimkiin 17• ' - � --