Paperwork For Buyers

Loading...

Flash Player 9 (or above) is needed to view presentations.
We have detected that you do not have it on your computer. To install it, go here.

0 comments

Post a comment

    Post a comment
    Embed Video
    Edit your comment Cancel

    Favorites, Groups & Events

    Paperwork For Buyers - Presentation Transcript

    1. Note: This notice should be given to a prospective purchaser prior to execution of a binding contract of sale and purchase, should be executed by the seller and purchaser and should be attached as a separate portion of a purchase contract. Please see Note below. Notice to a Purchaser of Real Property in a Water District NOTICE FOR DISTRICTS THAT ARE NOT LOCATED IN WHOLE OR IN PART WITHIN THE CORPORATE BOUNDARIES OF A MUNICIPALITY OR THE EXTRATERRITORIAL JURISDICTION OF ONE OR MORE HOME-RULE MUNICIPALITIES The real property, described below, that you are about to purchase is located in the 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 rate of taxes levied by the district on real property located in the district is $ on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of tax, as of this date, is $ on each $100 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or any portion of bonds issued that are payable solely from revenues received or expected to be received under a contract with a governmental entity, approved by the voters and which have been or may, at this date, be issued in $ , 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 water, sanitary sewer, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. 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 $ . An unpaid standby fee is a personal obligation of the person that 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, or 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 facilities are owned or to be owned by the district. The legal description of the property you are acquiring is as follows: Signature of Seller Date Signature of Seller Date 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 THE 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. 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. Signature of Purchaser Date Signature of Purchaser Date NOTE: Correct district name, tax rate, bond amounts, and legal description are to be placed in the appropriate space. Except for notices included as an addendum or paragraph of a purchase contract, the notice shall be executed by the seller and purchaser, as indicated. If the district does not propose to provide on or more of the specified facilities and services, the appropriate purpose may be eliminated. If the district has not yet levied taxes, a statement of the district's most recent projected rate of tax is to be placed in the appropriate space. If the district does not have approval from the commission to adopt and impose a standby fee, the second paragraph of the notice may be deleted. For the purposes of the notice form required to be given to the prospective purchaser prior to execution of a binding contract of sale and purchase, a seller and any agent, representative, or person acting on the seller's behalf may modify the notice by substitution of the words "January 1, " for the words "this date" and place the correct calendar year in the appropriate space. Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    2. (This notice is to be furnished to a prospective buyer/tenant at such time as broker begins assisting buyer/tenant to locate a property.) BROKER NOTICE TO BUYER/TENANT As a prospective buyer/tenant, you should know that the listing and cooperating ("selling") brokers and any broker representing you as a buyer's/tenant's broker, possess no special skills, knowledge or expertise concerning the physical or environmental condition of the property or properties introduced to you nor do they represent themselves to be such experts, and, therefore, make no representations, warranties or guaranties regarding the physical or environmental condition of any such property. Environmental Hazards/Inspection As the result of concerns regarding environmental hazards (including, but not limited to, asbestos, lead-based paint, mold, urea formaldehyde insulation, radon gas, PCB transformers, underground storage tanks, electromagnetic fields, hazardous or toxic waste and materials, ammonium compounds, solvents, pesticides, acids, DDT, and any other substance on or about the property or forming a component part of the improvements which has heretofore or may in the future be determined to contain toxic or hazardous materials or undesirable substance injurious to the health of occupants of a property), it is recommended that you retain the services of a qualified expert of your choice to inspect and test for the presence of environmental hazards on or about the property as part of the contract between seller and buyer in a sale transaction or a lease between landlord and tenant, if desired. Buyer/Tenant shall be solely responsible for retaining the services of such expert, if any. Physical Condition/Inspection You are advised that you should thoroughly inspect the property and have the physical condition of the property inspected by persons of your choice who are licensed as inspectors by the Texas Real Estate Commission or otherwise permitted by law to perform inspections and take whatever other action you deem necessary or appropriate as part of the contract between seller and buyer in a sale transaction or a lease between landlord and tenant. If you request broker to furnish a list of inspectors and/or repairmen, broker is not making any representations or warranties as to the capabilities or workmanship of such persons. You are advised to accompany the inspectors during their inspection of the property and to ask any questions you may have regarding the property. You are advised to walk through and visibly inspect the property immediately prior to the closing in a sale transaction or occupancy in a lease transaction. In the event the condition of the property is not then in accordance with the contract/lease, you should immediately inform the below-named Broker. MLS/CIE Information Information contained in the Multiple Listing Service (MLS), or Commercial Information Exchange (CIE) of Houston Realtors Information Service, Inc. ("HRIS"), a subsidiary of Houston Association of REALTORS®, Inc., is furnished by (1) MLS, and CIE participants who acquire the information from sources such as owners of listed properties, appraisers, and builders, and (2) county appraisal districts and tax services. The information is disseminated to MLS and CIE participants for their exclusive use and display to their clients and customers. Certain information in MLS and CIE such as square footage, assessed value, taxes, and year built is obtained from either the county appraisal district, an appraiser or builder. Neither the listing Broker, Broker displaying the information to you, HRIS, MLS, nor CIE represents or verifies the accuracy of the information. You should not rely upon any information contained in MLS and CIE and you should independently verify such information. You are further advised that MLS rules require the listing Broker of a sold/leased property to submit all information the MLS requires for participation, including the sales price/rent of a property purchased/leased by you. Selling Broker or buyer's/tenant's broker, if any, shall furnish Listing Broker with a signed copy of this notice at the time the contract/lease is submitted. I certify that I have provided the prospective Buyer/Tenant named herein I have received, read and understand the information in this "Broker with a copy of this "Broker Notice to Buyer/Tenant." Notice to Buyer/Tenant." Date Buyer/Tenant Name Broker/Sales Agent Name Signature Signature Buyer/Tenant Name Company Signature Address Address Phone Phone HAR 410 1/03 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    3. PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 09-01-09 NEW HOME CONTRACT (Incomplete Construction) NOTICE: Not For Use For Condominium Transactions or Closings Prior to Completion of Construction 1. PARTIES: The parties to this contract are (Seller) and (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: Lot , Block , Addition, City of , County of Texas, known as (address/zip code), or as described on attached exhibit, together with: (i) improvements, fixtures and all other property described in the Construction Documents; and (ii) all rights, privileges and appurtenances thereto, including but not limited to: permits, easements, and cooperative and association memberships. All property sold by this contract is called the "Property". 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing . . . . . . . . . . . . . . . . $ B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ C. Sales Price (Sum of A and B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) 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), this contract will terminate and the earnest money will be refunded to Buyer. (2) Financing Approval: (Check one box only) (a) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Condition Addendum. (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) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) 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 (TAR 1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 1 of 9 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    4. Contract Concerning Page 2 of 9 09-01-09 (Address of Property) 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 after the Substantial Completion Date by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) (1) At least days prior to the Closing Date, Seller, at Seller's expense, shall provide a new survey to Buyer. (2) At least days prior to the Closing Date, Buyer, at Buyer's expense, shall obtain a new survey. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: . Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) PROPERTY OWNERS' ASSOCIATION MANDATORY MEMBERSHIP: The Property is is not subject to mandatory membership in a property owners' association. If the Property is subject to mandatory membership in a property owners' association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2 in which the Property is located, you are obligated to be a member of the property 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 property owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners' Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: 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 later be included in the extraterritorial jurisdiction 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 extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is 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) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. (TAR-1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 2 of 9
    5. Contract Concerning Page 3 of 9 09-01-09 (Address of Property) 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 Buyer 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 Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, §5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372, Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property. 7. PROPERTY CONDITION: A. ACCESS AND INSPECTIONS: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. B. CONSTRUCTION DOCUMENTS: Seller shall complete all improvements to the Property with due diligence in accordance with the Construction Documents. "Construction Documents" means the plans and specifications, the finish out schedules, any change orders, and any allowances related to the plans and specifications, finish out schedules, and change orders. The Construction Documents have been signed by the parties and are incorporated into this contract by reference. C. COST ADJUSTMENTS: All change orders must be in writing. Increase in costs resulting from change orders or items selected by Buyer which exceed the allowances specified in the Construction Documents will be paid by Buyer as follows: . A decrease in costs resulting from change orders and unused allowances will reduce the Sales Price, with proportionate adjustments to the amounts in Paragraphs 3A and 3B as required by lender. D. BUYER'S SELECTIONS: If the Construction Documents permit selections by Buyer, Buyer's selections will conform to Seller's normal standards as set out in the Construction Documents or will not, in Seller's judgment, adversely affect the marketability of the Property. Buyer will make required selections within days after notice from Seller. E. COMPLETION: Seller must commence construction no later than days after the effective date of this contract. The improvements will be substantially completed in accordance with the Construction Documents and ready for occupancy not later than , . The improvements will be deemed to be substantially completed in accordance with the Construction Documents upon the final inspection and approval by all applicable governmental authorities and any lender (Substantial Completion Date). Construction delays caused by acts of God, fire or other casualty, strikes, boycotts or nonavailability of materials for which no substitute of comparable quality and price is available will be added to the time allowed for substantial completion of the construction. However, in no event may the time for substantial completion extend beyond the Closing Date. Seller may substitute materials, equipment and appliances of comparable quality for those specified in the Construction Documents. F. WARRANTIES: Except as expressly set forth in this contract, a separate writing, or provided by law, Seller makes no other express warranties. Seller shall assign to Buyer at closing all assignable manufacturer warranties. G. INSULATION: As required by Federal Trade Commission Regulations, the information relating to the insulation installed or to be installed in the Improvements at the Property is: (check only one box below) (1) as shown in the attached specifications. (2) as follows: a) Exterior walls of improved living areas: insulated with insulation to a thickness of inches which yields an R-Value of . b) Walls in other areas of the home: insulated with insulation to a thickness of inches which yields an R-Value of . c) Ceilings in improved living areas: insulated with insulation to a thickness of inches which yields an R-Value of . d) Floors of improved living areas not applied to a slab foundation: insulated with insulation to a thickness of inches which yields an R-Value of . e) Other insulated areas: insulated with insulation to a thickness of inches which yields an R-Value of . All stated R-Values are based on information provided by the manufacturer of the insulation. (TAR 1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 3 of 9
    6. Contract Concerning Page 4 of 9 09-01-09 (Address of Property) H. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. I. SELLER'S DISCLOSURE: Except as otherwise disclosed in this contract, Seller has no knowledge of the following: (1) any flooding of the Property which has had a material adverse effect on the use of the Property; (2) any pending or threatened litigation, condemnation, or special assessment affecting the Property; (3) any environmental hazards or conditions materially affecting the Property; (4) any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or (6) any threatened or endangered species or their habitat affecting the Property. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before , , or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and assumed loans will not be in default. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property: upon closing and funding according to a temporary residential lease form promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. Consult your insurance agent prior to change of ownership and possession because insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance coverage may expose the parties to economic loss. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) (TAR 1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 4 of 9 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    7. Contract Concerning Page 5 of 9 09-01-09 (Address of Property) 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): (a) Loan origination, discount, buy-down, and commitment fees (Loan Fees). (b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Buyer under this contract. B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender. C. If any expense exceeds an amount expressly stated in this 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. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. 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 Seller's change in use of the Property prior to closing or denial of a special use valuation on the Property results in additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 45 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails to substantially complete the improvements by the Closing Date or fails within the time allowed to make any non casualty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a) extend the time for performance up to 45 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific 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. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Subject to applicable law, any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will will not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. (TAR 1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 5 of 9 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    8. Contract Concerning Page 6 of 9 09-01-09 (Address of Property) 18. ESCROW: A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any 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. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the escrow agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly provide a copy of the demand to the other party. If escrow agent does not receive written objection to the demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the 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 disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7 days of 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; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to deliver an affidavit to Buyer 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. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. 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 or electronic transmission as follows: To Buyer To Seller at: at: Tele- Telephone: phone: Facsimile: Facsimile: E-mail: E-mail: (TAR 1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 6 of 9 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    9. Contract Concerning Page 7 of 9 09-01-09 (Address of Property) 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): Third Party Financing Condition Addendum Addendum for "Back-Up" Contract Seller Financing Addendum Addendum for Coastal Area Property Addendum for Property Subject to Environmental Assessment, Threatened Mandatory Membership in a Property or Endangered Species and Wetlands Owners' Association Addendum Buyer's Temporary Residential Lease Addendum for Property Located Seaward of the Gulf Intracoastal Waterway Seller's Temporary Residential Lease Other (list): Addendum for Sale of Other Property by Buyer 23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and Buyer's agreement to pay Seller $ (Option Fee) within 2 days after the effective date of this contract, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract. If no dollar amount is stated as the Option Fee or if Buyer fails to pay the Option Fee to Seller within the time prescribed, this paragraph will not be a part of this contract and Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of termination within the time prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to Buyer. The Option Fee will will not be credited to the Sales Price at closing. Time is of the essence for this paragraph and strict compliance with the time for performance is required. 24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. Buyer's Seller's Attorney is: Attorney is: Telephone: Telephone: Facsimile: Facsimile: E-mail: E-mail: (TAR 1603) 09-01-09 Initialed for identification by Buyer and Seller TREC NO. 23-9 Page 7 of 9 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    10. Contract Concerning Page 8 of 9 09-01-09 (Address of Property) EXECUTED the day of , (EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If Buyer you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice Buyer required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate Seller arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure Seller the defect as provided by Section 27.004 of the Texas Property Code. The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711- 2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC NO. 23-9. This form replaces TREC NO. 23-8. (TAR 1603) 09-01-09 TREC NO. 23-9 Page 8 of 9 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    11. Contract Concerning Page 9 of 9 09-01-09 (Address of Property) BROKER INFORMATION AND RATIFICATION 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 Listing Broker's fee at closing. Other Broker License No. Listing Broker License No. represents Buyer only as Buyer's agent represents Seller and Buyer as an intermediary Seller as Listing Broker's subagent Seller only as Seller's agent Associate Telephone Listing Associate Telephone Broker's Address Listing Associate's Office Address Facsimile City State Zip City State Zip Facsimile Email Address Email Address Selling Associate Telephone Selling Associate's Office Address Facsimile City State Zip Email Address OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Seller or Listing Broker Date CONTRACT AND EARNEST MONEY RECEIPT Receipt of Contract and $ Earnest Money in the form of is acknowledged. Escrow Agent: Date: By: Email Address Telephone: Address Facsimile: City State Zip (TAR 1603) 09-01-09 TREC NO. 23-9 Page 9 of 9 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    12. PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 06-30-08 ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) NOTICE: Not For Use For Condominium Transactions 1. PARTIES: The parties to this contract are (Seller) and (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: A. LAND: Lot Block , Addition, City of , County of , Texas, known as (address/zip code), or as described on attached exhibit. B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. C. ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs. D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and must be removed prior to delivery of possession: . The land, improvements and accessories are collectively referred to as the "Property". 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing . . . . . . . . . . . . . . . . $ B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ C. Sales Price (Sum of A and B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) 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), this contract will terminate and the earnest money will be refunded to Buyer. (2) Financing Approval: (Check one box only) (a) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Condition Addendum. (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 (TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Page 1 of 8 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    13. Contract Concerning Page 2 of 8 06-30-08 (Address of Property) (including existing building 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, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) 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 any 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 (Affidavit). If the existing survey or Affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at Seller's Buyer's expense no later than 3 days prior to Closing Date. 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. (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. D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: . Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) PROPERTY OWNERS' ASSOCIATION MANDATORY MEMBERSHIP: The Property is is not subject to mandatory membership in a property owners' association. If the Property is subject to mandatory membership in a property owners' association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2A in which the Property is located, you are obligated to be a member of the property 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 property owners' association. The amount of the assessments is subject to change. Your failure to pay the (TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Page 2 of 8
    14. Contract Concerning Page 3 of 8 06-30-08 (Address of Property) assessments could result in a lien on and the foreclosure of the Property. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners' Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: 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 later be included in the extraterritorial jurisdiction 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 extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is 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) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the 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 Buyer 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 Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, §5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372, Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property. 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall turn on existing utilities for inspections. B. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice): (Check one box only) (1) Buyer has received the Notice. (2) Buyer has not received the Notice. Within days after the effective date of this contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to the closing, whichever first occurs, and the earnest money will be refunded to Buyer. (3) The Seller is not required to furnish the notice under the Texas Property Code. C. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal law for a residential dwelling constructed prior to 1978. D. ACCEPTANCE OF PROPERTY CONDITION: (Check one box only) (1) Buyer accepts the Property in its present condition. (2) Buyer accepts the Property in its present condition provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: . E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which includes treatment (TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Page 3 of 8
    15. Contract Concerning Page 4 of 8 06-30-08 (Address of Property) for wood destroying insects. If the parties do not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest money will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer. F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs and treatments. G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a residential service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse Buyer at closing for the cost of the residential service contract in an amount not exceeding $ . Buyer should review any residential service contract for the scope of coverage, exclusions and limitations. The purchase of a residential service contract is optional. Similar coverage may be purchased from various companies authorized to do business in Texas. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before , , or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition, ordinary wear and tear excepted: upon closing and funding according to a temporary residential lease form promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. Consult your insurance agent prior to change of ownership and possession because insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance coverage may expose the parties to economic loss. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) (TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Page 4 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    16. Contract Concerning Page 5 of 8 06-30-08 (Address of Property) 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): (a) Loan origination, discount, buy-down, and commitment fees (Loan Fees). (b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Buyer under this contract. B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender. C. If any expense exceeds an amount expressly stated in this 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. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. 13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (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 damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific 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. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will will not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. (TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Page 5 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    17. Contract Concerning Page 6 of 8 06-30-08 (Address of Property) 18. ESCROW: A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any 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. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the escrow agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly provide a copy of the demand to the other party. If escrow agent does not receive written objection to the demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the 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 disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7 days of 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; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to deliver an affidavit to Buyer 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. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. 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 or electronic transmission as follows: To Buyer To Seller at: at: Telephone: Telephone: Facsimile: Facsimile: E-mail: E-mail: (TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Page 6 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    18. Contract Concerning Page 7 of 8 06-30-08 (Address of Property) 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (Check all applicable boxes): Third Party Financing Condition Addendum Addendum for "Back-Up" Contract Seller Financing Addendum Addendum for Coastal Area Property Addendum for Property Subject to Environmental Assessment, Threatened Mandatory Membership in a Property or Endangered Species and Wetlands Owners' Association Addendum Buyer's Temporary Residential Lease Addendum for Property Located Seaward of the Gulf Intracoastal Waterway Seller's Temporary Residential Lease Addendum for Seller's Disclosure of Information on Lead-based Paint and Addendum for Sale of Other Property Lead-based Paint Hazards as Required by by Buyer Federal Law Addendum Containing Required Notices Other (list): Under §5.016, §420.001 and §420.002, Texas Property Code 23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and Buyer's agreement to pay Seller $ (Option Fee) within 2 days after the effective date of this contract, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract. If no dollar amount is stated as the Option Fee or if Buyer fails to pay the Option Fee to Seller within the time prescribed, this paragraph will not be a part of this contract and Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of termination within the time prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to Buyer. The Option Fee will will not be credited to the Sales Price at closing. Time is of the essence for this paragraph and strict compliance with the time for performance is required. 24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. Buyer's Seller's Attorney is: Attorney is: Telephone: Telephone: Facsimile: Facsimile: E-mail: E-mail: EXECUTED the day of , (EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) Buyer Seller Buyer Seller The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459- 6544 (http://www.trec.state.tx.us) TREC NO. 20-8. This form replaces TREC NO. 20-7. (TAR 1601) 06-30-08 TREC NO. 20-8 Page 7 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    19. Contract Concerning Page 8 of 8 06-30-08 (Address of Property) BROKER INFORMATION AND RATIFICATION 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 Listing Broker's fee at closing. Other Broker License No. Listing Broker License No. represents Buyer only as Buyer's agent represents Seller and Buyer as an intermediary Seller as Listing Broker's subagent Seller only as Seller's agent Associate Telephone Listing Associate Telephone Broker's Address Listing Associate's Office Address Facsimile City State Zip City State Zip Facsimile Email Address Email Address Selling Associate Telephone Selling Associate's Office Address Facsimile City State Zip Email Address OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Seller or Listing Broker Date CONTRACT AND EARNEST MONEY RECEIPT Receipt of Contract and $ Earnest Money in the form of is acknowledged. Escrow Agent: Date: By: Email Address Telephone: Address Facsimile: City State Zip (TAR 1601) 06-30-08 TREC NO. 20-8 Page 8 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    20. 12-10-07 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) THIRD PARTY FINANCING CONDITION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT (Street Address and City) Buyer shall apply promptly for all financing described below and make every reasonable effort to obtain approval for the financing (Financing Approval). Buyer shall furnish all information and documents required by lender for Financing Approval. Financing Approval will be deemed to have been obtained when (1) the terms of the loan(s) described below are available and (2) lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's assets, income and credit history). If Buyer cannot obtain Financing Approval, Buyer may give written notice to Seller within days after the effective date of this contract and this contract will terminate and the earnest money will be refunded to Buyer. If Buyer does not give such notice within the time required, this contract will no longer be subject to Financing Approval. Time is of the essence for this paragraph and strict compliance with the time for performance is required. NOTE: Financing Approval does not include approval of lender's underwriting requirements for the Property, as specified in Paragraph 4.A.(1) of the contract. Each note must be secured by vendor’s and deed of trust liens. CHECK APPLICABLE BOXES: A. CONVENTIONAL FINANCING: (1) A first mortgage loan in the principal amount of $ (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees (loan origination, discount, buy-down, and commitment fees) not to exceed % of the loan. (2) A second mortgage loan in the principal amount of $ (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees (loan origination, discount, buy-down, and commitment fees) not to exceed % of the loan. B. TEXAS VETERANS LOAN: A loan(s) from the Texas Veterans Land Board of $ for a period in the total amount of years at the interest rate established by the Texas Veterans Land Board. C. FHA INSURED FINANCING: A Section FHA insured loan of not less than $ (excluding any financed MIP), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees (loan origination, discount, buy-down, and commitment fees) not to exceed % of the loan. As required by HUD-FHA, if FHA valuation is unknown, "It is expressly agreed that, notwithstanding any other provision of this contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ . The purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the Initialed for identification by Buyer and Seller TREC NO. 40-3 (TAR 1901) 12-10-07 Page 1 of 2 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax:281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    21. Third Party Financing Condition Addendum Concerning Page 2 of 2 12-10-07 (Address of Property) appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the condition of the Property. The purchaser (Buyer) should satisfy himself/herself that the price and the condition of the Property are acceptable." NOTE: HUD 92564-CN "For Your Protection: Get a Home Inspection" must be attached to this Addendum. D. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $ (excluding any financed Funding Fee), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees (loan origination, discount, buy-down, and commitment fees) not to exceed % of the loan. VA NOTICE TO BUYER: "It is expressly agreed that, notwithstanding any other provisions of this contract, the Buyer shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs." If Buyer elects to complete the purchase at an amount in excess of the reasonable value established by VA, Buyer shall pay such excess amount in cash from a source which Buyer agrees to disclose to the VA and which Buyer represents will not be from borrowed funds except as approved by VA. If VA reasonable value of the Property is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the VA reasonable value and the sale will be closed at the lower Sales Price with proportionate adjustments to the down payment and the loan amount. Buyer hereby authorizes any lender to furnish to the Seller or Buyer or their representatives information relating only to the status of Financing Approval of Buyer. Buyer Seller Buyer Seller This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1- 800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC No. 40-3. This form replaces TREC No. 40-2. TREC NO. 40-3 (TAR 1901) 12-10-07 Page 2 of 2 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    22. PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 04-23-07 ENVIRONMENTAL ASSESSMENT, THREATENED OR ENDANGERED SPECIES, AND WETLANDS ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT (Address of Property) A. ENVIRONMENTAL ASSESSMENT: Buyer, at Buyer’s expense, may obtain an environmental assessment report prepared by an environmental specialist. B. THREATENED OR ENDANGERED SPECIES: Buyer, at Buyer’s expense, may obtain a report from a natural resources professional to determine if there are any threatened or endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service. C. WETLANDS: Buyer, at Buyer’s expense, may obtain a report from an environmental specialist to determine if there are wetlands, as defined by federal or state law or regulation. Within days after the effective date of the contract, Buyer may terminate the contract by furnishing Seller a copy of any report noted above that adversely affects the use of the Property and a notice of termination of the contract. Upon termination, the earnest money will be refunded to Buyer. Buyer Seller Buyer Seller This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC No. 28-1. This form replaces TREC No. 28-0. (TAR-1917) 4-23-07 Page 1 of 1 TREC No. 28-1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    23. PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 06-30-08 ADDENDUM FOR PROPERTY SUBJECT TO MANDATORY MEMBERSHIP IN A PROPERTY OWNERS’ ASSOCIATION (NOT FOR USE WITH CONDOMINIUMS) ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT (Street Address and City) (Name of Property Owners’ Association) A. SUBDIVISION INFORMATION: "Subdivision Information" means: (i) the restrictions applying to the subdivision, (ii) the bylaws and rules of the Property Owners’ Association (Association), and (iii) a resale certificate, all of which comply with Section 207.003 of the Texas Property Code. (Check only one box): 1. Within days after the effective date of the contract, Seller shall at Seller's expense deliver the Subdivision Information to Buyer. If Buyer does not receive the Subdivision Information, Buyer may terminate the contract at any time prior to closing and the earnest money will be refunded to Buyer. If Seller delivers the Subdivision Information, Buyer may terminate the contract for any reason within 7 days after Buyer receives the Subdivision Information or prior to closing, whichever first occurs, and the earnest money will be refunded to Buyer. 2. Buyer has received and approved the Subdivision Information before signing the contract. 3. Buyer does not require delivery of the Subdivision Information. If Seller becomes aware of any material changes in the Subdivision Information, Seller shall promptly give notice to Buyer. Buyer may terminate the contract prior to closing by giving written notice to Seller if: (i) any of the Subdivision Information provided was not true; or (ii) any material adverse change in the Subdivision Information occurs prior to closing, and the earnest money will be refunded to Buyer. B. FEES: Buyer shall pay any Association fees resulting from the transfer of the Property not to exceed $ and Seller shall pay any excess. NOTICE TO BUYER REGARDING REPAIRS BY THE ASSOCIATION: The Association may have the sole responsibility to make certain repairs to the Property. If you are concerned about the condition of any part of the Property which the Association is required to repair, you should not sign the contract unless you are satisfied that the Association will make the desired repairs. Buyer Seller Buyer Seller The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. Such approval relates to this contract form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711- 2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC No. 36-5. This form replaces TREC No. 36-4. (TAR 1922) 06-30-08 TREC NO. 36-5 Page 1 of 1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    24. TEXAS ASSOCIATION OF REALTORS® NON-REALTY ITEMS ADDENDUM TO CONTRACT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 1998 ADDENDUM TO CONTRACT BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT (Street Address and City) A. Seller shall convey to Buyer at closing the following personal property (specify each item carefully, include description, model numbers, serial numbers, location, and other information): B. Seller represents and warrants that Seller owns the personal property described in Paragraph A free and clear of all encumbrances. Seller shall convey the personal property: (1) at no cost to Buyer at closing. (2) for an additional sum of $ as separate consideration for the personal property. C. Seller does not warrant or guarantee the condition or future performance of the personal property conveyed by this document. Buyer Seller Buyer Seller (TAR-1924) 01-27-98 Page 1 of 1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    25. U.S. Department of Housing OMB Approval No: 2502-0538 and Urban Development (exp. 07/31/2009) Federal Housing Administration (FHA) For Your Protection: Get a Home Inspection Why a Buyer Needs a Home Inspection A home inspection gives the buyer more detailed information about the overall condition of the home prior to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to: Evaluate the physical condition: structure, construction, and mechanical systems; Identify items that need to be repaired or replaced; and Estimate the remaining useful life of the major systems, equipment, structure, and finishes. Appraisals are Different from Home Inspections An appraisal is different from a home inspection. Appraisals are for lenders; home inspections are for buyers. An appraisal is required to: Estimate the market value of a house; Make sure that the house meets FHA minimum property standards/requirements; and Make sure that the property is marketable. FHA Does Not Guarantee the Value or Condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you. That is why it is so important for you, the buyer, to get an independent home inspection. Ask a qualified home inspector to inspect your potential new home and give you the information you need to make a wise decision. Radon Gas Testing The United States Environmental Protection Agency and the Surgeon General of the United States have recommended that all houses should be tested for radon. For more information on radon testing, call the toll-free National Radon Information Line at 1-800-SOS-Radon or 1-800-767-7236. As with a home inspection, if you decide to test for radon, you may do so before signing your contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satisfaction with the results of the radon test. Be an Informed Buyer It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before signing your contract, or may do so after signing the contract as long as your contract states that the sale of the home depends on the inspection. Signature Date HUD-92564-CN (6/06) (TAR-1928) 06-06 Page 1 of 1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Buyer Informat Barbara Robin Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    26. TEXAS ASSOCIATION OF REALTORS® NOTICE OF INFORMATION FROM OTHER SOURCES USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2008 To: From: (Broker) Property Address: Date: (1) Broker obtained the attached information, identified as , from . (2) Broker has relied on the attached information and does not know and has no reason to know that the information is false or inaccurate except: (3) Broker does not warrant or guarantee the accuracy of the attached information. Do not rely on the attached information without verifying its accuracy. Broker By: Receipt of this notice is acknowledged by: Signature Date Signature Date (TAR-2502) 7-16-08 Page 1 of 1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    27. Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services B efore 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 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 the property for sale or lease is the owner's agent. A treat each party honestly and fairly and to comply with broker who acts as a subagent represents the owner in The Texas Real Estate License Act. A broker who acts cooperation with the listing broker. A broker who acts as as an intermediary in a transaction: a buyer's agent represents the buyer. A broker may act as (1) shall treat all parties honestly; an intermediary between the parties if the parties (2) may not disclose that the owner will accept a consent in writing. A broker can assist you in locating a price less than the asking price unless authorized in property, preparing a contract or lease, or obtaining writing to do so by the owner; financing without representing you. A broker is obligated (3) may not disclose that the buyer will pay a price by law to treat you honestly. greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and IF THE BROKER REPRESENTS THE OWNER: (4) may not disclose any confidential information or The broker becomes the owner's agent by entering into an any information that a party specifically instructs the agreement with the owner, usually through a written - broker in writing not to disclose unless authorized in listing agreement, or by agreeing to act as a subagent by writing to disclose the information or required to do so accepting an offer of subagency from the listing broker. A by The Texas Real Estate License Act or a court subagent may work in a different real estate office. A order or if the information materially relates to the listing broker or subagent can assist the buyer but does condition of the property. not represent the buyer and must place the interests of With the parties' consent, a broker acting as an the owner first. The buyer should not tell the owner's intermediary between the parties may appoint a person who agent anything the buyer would not want the owner to is licensed under The Texas Real Estate License Act know because an owner's agent must disclose to the and associated with the broker to communicate with and owner any material information known to the agent. carry out instructions of one party and another person who is licensed under that Act and associated with the broker IF THE BROKER REPRESENTS THE BUYER: to communicate with and carry out instructions of the The broker becomes the buyer's agent by entering into an other party. agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent If you choose to have a broker represent you, can assist the owner but does not represent the owner you should enter into a written agreement with the broker and must place the interests of the buyer first. The owner that clearly establishes the broker's obligations and your should not tell a buyer's agent anything the owner would obligations. The agreement should state how and by not want the buyer to know because a buyer's agent must whom the broker will be paid. You have the right to disclose to the buyer any material information known to the choose the type of representation, if any, you wish to agent. receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you IF THE BROKER ACTS AS AN INTERMEDIARY: have any questions regarding the duties and A broker may act as an intermediary between the parties responsibilities of the broker, you should resolve those if the broker complies with The Texas Real Estate License questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant Date Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2188 or 512-465-3960. 01A TREC No. OP-K (TAR-2501) 1/1/96 Page 1 of 1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    28. TEXAS ASSOCIATION OF REALTORS® INSPECTOR INFORMATION USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2007 TO: (Client) FROM: (Broker's Firm) RE: (Property) DATE: The attached list includes inspectors licensed by the Texas Real Estate Commission and may also include other persons authorized by law to perform certain inspections (for example, termite inspectors, engineers, electricians, or plumbers). The list is not a complete list of all inspectors that may perform inspections. You may also obtain a list from other sources (for example, the local telephone directory or the Internet). This firm strongly recommends that you hire inspectors to help you evaluate the condition of the Property. Inspections are of conditions which are present and visible at the time of the inspections. Property conditions change with time and use. Inspectors are not likely to point out small problems or defects that are not reasonably observable at the time of inspection. Inspectors will not move furniture, appliances, permanent coverings, or other obstructions. Neither inspectors nor real estate licensees can guarantee future performance of any item. This firm does not recommend any particular inspector and does not warrant the quality of any inspector's inspection. It is recommended that you accompany the inspectors during the inspections. You should address any questions about an inspection directly to your inspector. Real estate licensees are not inspectors by virtue of their real estate licenses. It may be necessary to make certain arrangements for the inspectors, such as providing access and turning on utilities. Receipt of this notice is acknowledged and: I choose to hire an inspector. I choose not to hire an inspector. Client Date (TAR-2506) 8-16-07 Page 1 of 1 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    29. PROTECTING YOUR HOME FROM MOLD JUNE 2002 Mold growth problems can adversely affect many homeowners in Texas. Homeowners who act quickly and appropriately can prevent or correct conditions that may cause mold growth. The Texas Department of Health (TDH) and Texas Department of Insurance (TDI) prepared this publication to help you understand the concerns related to mold growth and to provide some effective steps you can take to help prevent mold growth. The following information will help protect your investment in your home and may prevent the possibility of health risks due to mold exposure. If you are a renter, you should contact your landlord or property manager immediately when you have a maintenance need related to water damage. WHAT ARE MOLDS? WHY ARE MOLDS A CONCERN? Molds are microscopic organisms commonly found both indoors Damage to the Home and outdoors. Molds, along with mushrooms and yeast, are It is common to find mold spores in the air inside homes, and on known scientifically as fungi. Their purpose in nature is to break most surfaces including clothes, walls, and furniture. Most of the down dead material and recycle nutrients in the environment. time mold spores found indoors come from outdoor sources. For molds to grow and reproduce, they need a food source - any Routine cleaning of your home and furnishings helps keep these organic material, such as leaves, wood, paper, or dirt - and levels low. Cleaning small areas of visible mold, such as mold moisture. Since molds grow by “eating” the organic material, that may occur around your shower, is necessary to prevent they gradually destroy whatever they are feeding on. Mold unsanitary conditions. growth on surfaces can often be seen as a colored spot, frequently green, gray, brown, black or white. It commonly The level of concern greatly increases when there are large appears as a powdery, fuzzy, or hair-like material. Actively amounts of active mold growth in your home. Large-scale mold growing molds typically produce odors, sometimes described as problems are most likely to occur when there has been an earthy or moldy, or like mildew, old dirty socks, or ammonia. on-going water leak, a flood, or very high levels of humidity in Molds release thousands of microscopic spores, which are the home. Indoor mold growth may cause very high levels of lightweight, easily airborne and carried by air currents to airborne mold spores, which, in turn, may cause the spread of surrounding areas. The spores must have both food and mold growth from the original source to other areas of the home moisture to actually start growing, similar to plant seeds. where high moisture levels exist. Extensive mold growth can damage your home and belongings, such as carpets, sofas and cabinets. In time, unchecked mold growth can cause damage to the structural elements in your home. While there is no practical WHAT DO I DO IF A LEAK OCCURS? way to eliminate all mold and mold spores in the indoor environment, keeping your home clean and dry can prevent Whether or not the water damage may be covered by your extensive mold growth and its related damage. insurance policy, it is important to act quickly to prevent further damage to your home. Health Effects · Immediately stop the source of leak or flooding. The vast majority of people are exposed to small amounts of · Remove excess water with mops or a wet vacuum. If the mold or their spores on a daily basis without evident harm. damage is significant, consider contacting a water extraction However, mold growing inside a home is an unsanitary condition company for immediate action. that may present potential health risks to occupants. Therefore, · Whenever possible, move wet items to a secure, dry and it is always best to identify and correct high moisture conditions well-ventilated area or outside to expedite drying. quickly before mold grows and possible health problems · Protect repairable and undamaged items from further develop. damage. Potential health effects produced by molds may include allergic, · Move rugs and pull up areas of wet carpet as soon as possible. irritating, or toxigenic effects, and rarely, infection. Allergic · Increase circulation in and around wet areas by opening reactions are generally the most common health effect. Typical closet and cabinet doors, moving furniture away from walls symptoms (alone or in combination) reported by people living in and running fans. moldy homes include: · If necessary, remove wallboard and flooring materials to dry · respiratory problems, such as wheezing, difficulty breathing, out those areas. and shortness of breath · Don't throw away removed or damaged materials until · sneezing and/or nasal congestion instructed by your insurance company. · eye irritation (itching, burning, watery, or reddened eyes) · Dry any damp or wet building materials and furnishings · coughing or throat irritation within 24-48 hours. · skin rashes or irritation · Keep all receipts, photos and other relevant documents. · headaches · Contact your insurance company, if applicable. · fatigue NOTE: The sooner the affected areas dry out and the source of The potential health effects depend on the amounts and types of the leak is repaired, the better your chances of minimizing mold present, the length and frequency of exposure, and the damage to your property. If the water cannot be removed and sensitivity and health condition of exposed individuals. While the area dried promptly and efficiently, consider contacting a many people seldom experience ill effects from mold exposures, water extraction company for immediate action. some may develop very serious illnesses. Some persons exposed to mold or mold spores may become sensitized and develop allergies to the mold or other health problems. Even “dead” mold (including spores and pieces of mold) may still cause allergy, irritation, or toxigenic reactions. Thus, killing mold RESOURCES without removing the residue may still be a health concern. Complete removal and thorough cleanup of mold is the safest For additional information, consult the mold and/or indoor air solution. quality resources at the following: Individuals at greater risk who may experience more severe Texas Department of Health U.S. Environmental symptoms or become ill more rapidly than others include: www.tdh.state.tx.us/beh/iaq/ Protection Agency · individuals with existing respiratory conditions, such as 1-800-572-5548 www.epa.gov/iaq/ allergies, asthma, or chemical sensitivities 1-800-438-4318 · individuals with weakened immune systems due to Texas Department of Insurance conditions such as HIV infection or cancer treatment www.tdi.state.tx.us/commish/mold.html · infants and young children 1-800-252-3439 · the elderly Anyone with a health problem they believe may be due to mold exposure should consult a medical professional. (TAR-2507) 6-2002 Page 1 of 2 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Buyer Informat Barbara Robin Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    30. Since you cannot remove all food sources for molds, it is important as a homeowner to take sensible precautions to prevent moisture from creating a breeding ground for mold. MOISTURE CONTROL INSPECTION · Maintain levels of humidity below 60% (preferably between Inspect your home regularly for the indications and sources of 30% and 50%) by indoor moisture. Establish a maintenance schedule to check the - venting bathrooms, dryers and other moisture- following sources of water leaks on a regular basis. Contact a generating sources to the outside maintenance or service company with any questions or - avoiding blockage of air conditioning vents concerns. - using air conditioners and de-humidifiers · Hot Water Heaters - Over time, these appliances may rust - increasing ventilation by installing additional or develop cracks, and the resulting leaks can be very crawlspace and attic vents, opening windows or costly. Check your water heater for rust and deterioration installing an air-to-air heat exchanger every year. Check the drain pan for water and ensure that - using exhaust fans when cooking, dishwashing and the drain line for the overflow pan is not clogged. Drain and cleaning clean the water heater as recommended by the - avoiding the use of unvented heaters or high heat in manufacturer. confined areas · A/C Drain Lines - Damage can occur when the line that - setting the air conditioning thermostat to "auto" to drains condensation from the evaporator coils becomes prevent circulation of humid air. clogged and water overflows from the drip pan. To prevent this, periodically check the drip pan for water and consider · Add insulation to reduce the potential for condensation on an annual inspection or service call to reduce the buildup of cold surfaces (windows, piping, exterior walls, roof or floors). algae and mold in the drain line. · Consider using moisture sensors that sound an audible · Appliance Hoses - Broken hoses are among the most alarm when a leak occurs. common causes of water damage. Regularly inspect hoses and hose fittings on washing machines, icemakers and dishwashers for kinks, cracks, bulges or evidence of deterioration. Replace standard rubber washing machine OTHER PRECAUTIONS hoses every two to five years, or more frequently if they are · Water Valve - Make sure everyone in the household knows showing signs of water. Consider using steel-reinforced where the main valve is located and how to turn the water hoses for longer life. off. · Showers, Tubs, Sinks and Toilets - Water that leaks from · Rain Gutters and Downspouts - Direct rainwater away around bathtubs, showers, sinks and toilets can cause from your home. Keep gutters clear and make sure extensive damage because the leak is often hidden from downspouts are long enough to effectively carry water away view. To prevent leaks, make sure you have a continuous from your foundation. Gutters that are filled with leaves and watertight seal of caulk around the edges of sinks, toilets, other debris allow water to back up on the roof, which can tubs and shower stalls. Cracks or mold on the caulk or on result in water damage to eaves and roofing material. the grout at tiles on walls or shower floors may indicate that · Insulate Pipes and Outside Faucets - Minimize the you do not have a watertight seal. Remove all caulk or grout, potential for water damage from frozen, broken pipes by clean and dry the surface thoroughly, and apply fresh caulk. insulating supply lines (in attic, crawlspaces and exterior Do not apply new caulk or grout on top of the old materials. walls), protecting exposed outdoor faucets, sealing gaps in · Visible Piping - Routinely check piping under cabinets and exterior walls and maintaining adequate heat in your home. sinks for leaks, rust and evidence of deterioration. · Sump Pump - The sump pump is the first line of defense in · Waste/Garbage Disposal System - Routinely check for preventing water seepage into basements. Periodically cracking or other sources of leaks in the waste disposal check the sump and remove any debris that could clog the system. pump. Consider installing a battery-powered backup to · Caulking around Windows, Doors, Penetrations and protect your basement during power outages. Cracks - Windows and doors should have a continuous · Don't block weep holes - Weep holes are openings at the bead of caulk sealing them to the exterior surface of the foundation level of a brick wall that allow moisture to escape home. Penetrations of the exterior walls by pipes, electrical from behind the wall. Do not close or block these openings. conduit, phone or cable lines, and exhaust ducts should also · Monitor Utility Bills - An abnormally high water bill could be caulked. Cracks or mold on the caulk may indicate that signal a water leak. you do not have a watertight seal. Remove all caulk, clean · Before You Travel - Turn the water off at the main valve or and dry the surface thoroughly, and apply fresh caulk. Do at major appliances. While you are away, consider leaving a not apply new caulk on top of the old caulk. house key and contact information with a neighbor or trusted · Attic and Ceilings - Routinely check for wet insulation and friend and ask the person to check the inside and outside of water stains. your home periodically while you are away. · Wallpaper - Routinely check for bubbling and/or peeling, as well as pink or black stains. · Roofs - Keep roofs free of debris that can damage roofing material and allow water to seep in. Trim tree branches to PREVENTION prevent them from rubbing and damaging the roof. Promptly repair missing or damaged shingles. Properly seal any · Purchase paint with EPA approved mold inhibitors cracks around chimneys, skylights and vents. Check metal · Clean bathrooms often with mold killing products and keep flashing for holes, cracks or other damage. Replace flashing surfaces dry or use silicon caulk to seal any openings. · Do not carpet bathrooms, basements, kitchens or other · Landscape - Yards should slope away from the house to areas prone to collect moisture prevent puddling near the foundation or under pier and · Repair damages that could lead to water intrusion promptly beam houses. and properly · Sprinklers and Irrigation System - Do not allow sprinklers · Ensure that the home has adequate ventilation, including or sprinkler heads to soak the exterior of the home. exhaust fans in the kitchen and bathrooms · Check for evidence of water stains or odors, particularly after rains, on areas that could get wet. POTENTIAL SIGNS OF MOLD GROWTH Published by The Texas Department of Health · Unexplained discoloration on any surface · Musty odor The Texas Department of Insurance · Dark spots on or around vents · Water stains anywhere cb075.0602 · Peeling or curling of vinyl floors or wallpaper (TAR-2507) 6-2002 Page 2 of 2 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    31. TEXAS ASSOCIATION OF REALTORS® INFORMATION ABOUT PROPERTY INSURANCE FOR A BUYER OR SELLER USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2004 A. The availability and the affordability of property insurance may affect both the buyer and the seller. Typically a buyer will seek to insure the property. Most mortgage lenders require that the property be insured in an amount not less than the loan amount. The failure to obtain property insurance at or before closing may delay the transaction or cause it to end, either of which can impose both inconvenience and cost to both the buyer and the seller. B. There are a number of factors that affect the availability and affordability of insurance. (1) The level of coverage will significantly affect the cost of insurance. There are several levels of insurance coverage. For example: (a) a policy may cover the replacement cost of the improvements and the replacement cost of many personal items in the property in the event of most casualties; (b) a policy may cover only value of the improvements and exclude many casualties; or (c) a policy may cover casualties and costs between the two noted extremes under (a) and (b). (2) Coverage levels and prices vary from company to company. There are many insurance companies conducting business in Texas who offer a variety of insurance products at various prices. (a) One insurance company may refuse to insure a particular property or person while another insurance company may elect to do so. (b) One insurance company may charge a significantly lower premium than another insurance company for the same or similar coverage. (c) Generally, each insurance company has specific guidelines by which it prices its insurance policies. The following are examples of criteria that an insurance company may use in evaluating an application for insurance. The criteria vary from company to company. (1) Past claims filed against the property to be insured in the 5 years preceding the application. (2) Past claims filed by the applicant to be insured in the 5 years preceding the application. (3) The applicant's insurance credit score. (4) The past relationship between the insurance company and the applicant. (5) The physical characteristics of the property such as condition, age, location, or construction materials. C. Most insurance companies participate in the Comprehensive Loss Underwriting Exchange (CLUE) and obtain a CLUE report to evaluate the claims history of the property and the applicant. (1) Most insurance companies contribute information about claims to an insurance industry database known as CLUE (a registered trademark of Equifax, Inc.). An insurance company obtains a CLUE report when evaluating an application for insurance. (2) A CLUE report contains information about the claims history of the property and of the applicant for insurance. (a) The CLUE report contains only data and does not inform the buyer or seller whether insurance is or is not available or at what cost. (b) Insurance companies use the CLUE report in different ways. (c) It is best to speak with an insurance agent with respect to how the information in a particular CLUE report affects the affordability and availability of insurance. (TAR-2508) 4-26-04 Page 1 of 2 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    32. Information about Property Insurance for a Buyer or Seller (3) While CLUE reports are generally accurate, there may be errors in the reports. (a) An event may be listed as a claim even though the insurance company did not pay any proceeds (for example, the cost of repair did not exceed the deductible or an inquiry may be incorrectly classified as a claim). (b) Federal law permits a person to challenge inaccurate information. One may contact the administrator of the CLUE report (ChoicePoint, Inc.) to correct information in a CLUE report. (4) A property owner may, for a fee, obtain the CLUE report on his or her property through companies such as ChoicePoint, Inc. (www.choicepoint.com or www.choicetrust.com), A-Plus (800-709-8842) or other companies, most of whose services are accessible via the Internet. An owner may also contact the Equifax Insurance Consumer Center at 800-456-6004. D. Promptly after entering into a contract to buy a property in Texas, the buyer should take the following steps to avoid delays in closing and to avoid additional costs. If the buyer has the option to terminate the contract, the buyer should make sure that the buyer and the insurance agent have completed the following steps before the option expires. (1) Contact one or more insurance agents. (a) The buyer should discuss the various levels of coverage with an insurance agent and ask questions that are necessary so the buyer understands the levels of available coverage. (b) Insurance agents can provide applicants with written summaries of the various coverage levels. (c) Basic summaries are available at the websites noted in Paragraph E. (2) Submit an application for insurance with the insurance agent of the buyer's choice. (a) Applying for insurance promptly after entering into a contract to buy a property helps avoid surprises or delays in closing the transaction. (b) Prompt application permits the buyer time to evaluate various coverage levels and prices. (c) Delaying the application for insurance may limit opportunities to obtain the most suitable coverage and may limit opportunities to address any unforeseen problems or delays in obtaining coverage. (d) In recent years, many transactions have been delayed or terminated because of problems associated with obtaining insurance. (3) Ask for written confirmation from the insurance agent that the insurance company: (a) has received the application; (b) has reviewed the applicant;s CLUE report; and (c) has conducted all necessary reviews to issue a policy at the particular price quoted (some insurance companies may ask for specific information or may wish to inspect the property). (4) Verify that the insurance coverage the buyer chooses is acceptable to the buyer's lender. E. If one is not able to obtain insurance at a reasonable price or more information is needed, contact the Texas Department of Insurance (www.helpinsure.com or www.tdi.state.tx.us). Receipt acknowledged by: Signature Signature (TAR-2508) 4-26-04 Page 2 of 2 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    33. List of Forms - Revised 3/3/09 Revision TAR # TREC # DESCRIPTION OF FORM Date TYPE Residential Listings TAR 1101 Residential Listing - Exclusive Right to Sell 7/16/2008 R TAR 1102 Residential Listing - Exclusive Right to Lease 2/6/2009 R Farm and Ranch Listings TAR 1201 Farm & Ranch Listing - Exclusive Right to Sell 10/16/2003 F Commercial Listings TAR 1301 Commercial Listing - Exclusive Right to Sell 1/23/2006 C TAR 1302 Commercial Listing - Exclusive Right to Lease 1/23/2006 C TAR 1303 Exclusive Sublease Listing for Commercial Real Estate 1/23/2006 C Listing Addenda TAR 1401 Condominium Addendum to Listing 1/7/2004 R, C TAR 1402 Named Exclusions Addendum to Listing 10/12/2004 R, F, C TAR 1403 Exclusive Agency Addendum to Listing 1/7/2004 R, F, C TAR 1404 Amendment to Listing 1/7/2004 R, F, C TAR 1405 Request for Information from an Owners' Association 1/7/2004 R TAR 1406 Seller's Disclosure Notice 7/16/2008 R, F TAR 1407 Information About On-Site Sewer Facility 1/7/2004 R, F, C TAR 1408 Commercial Property Condition Statement 10/18/2005 C TAR 1409 Intermediary Relationship Notice 1/7/2004 R, F, C TAR 1410 Termination of Listing Agreement 4/14/2006 R, F, C TAR 1411 Keybox Authorization by Tenant 1/7/2004 R, F, C TAR 1412 Seller's Authorization to Release and Advertise Certain Info. 1/7/2004 R, F, C TAR 1413 Request for Mortgage Information 1/7/2004 R, F, C TAR 1414 Information About Special Flood Hazard Areas 7/16/2008 R, F, C TAR 1415 Residential Listing Checklist 7/15/2005 R, F Buyer Representation Agreements TAR 1501 Residential Buyer/Tenant Representation Agreement 4/14/2006 R, F TAR 1502 Commercial Buyer/Tenant Representation Agreement 1/23/2006 C TAR 1503 Termination of Buyer/Tenant Representation Agreement 7/7/2004 R, F, C TAR 1504 Notice from Buyer's Agent to Seller 4/26/2004 R, F, C TAR 1505 Amendment to Buyer/Tenant Representation Agreement 7/7/2004 R, F, C TAR 1506 General Information and Notice to a Buyer 7/16/2008 R, F, C Residential Contracts TAR 1601 TREC 20-8 1-4 Family Residential Contract (Resale) 6/30/2008 R TAR 1603 TREC 23-8 New Home Contract (Incomplete Construction) 6/30/2008 R TAR 1604 TREC 24-8 New Home Contract (Completed Construction) 6/30/2008 R TAR 1605 TREC 30-7 Residential Condominium Contract (Resale) 6/30/2008 R TAR 1607 TREC 9-7 Unimproved (Residential) Property Contract 6/30/2008 R TAR 1608 New Residential Condominium Contract - Completed Construction 4/14/2006 R TAR 1609 New Residential Condominium Contract - Incomplete Construction 4/14/2006 R Farm and Ranch Contracts TAR 1701 TREC 25-6 Farm & Ranch Contract 6/30/2008 F Page 1 of 4 Prudential Gary Greene 9000 Forest Crossing The Woodlands, TX 77381 Phone: 281-467-5013 Fax: 281-367-7027 Barbara Robin Buyer Informat Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
    34. List of Forms - Revised 3/3/09 Revision TAR # TREC # DESCRIPTION OF FORM Date TYPE Commercial Contracts TAR 1801 Commercial Contract - Improved Property 10/18/2005 C TAR 1802 Commercial Contract - Unimproved Property 10/18/2005 C Contract Addenda TAR 1901 TREC 40-3 Third Party Financing Condition Addendum 12/10/2007 R, F TAR 1902 TREC 38-2 Notice of Termination of Contract 06/30/2008 R, F TAR 1903 TREC 39-6 Amendment 2/13/2006 R, F TAR 1904 Release of Earnest Money 2/6/2002 R, F, C TAR 1905 TREC 44-0 Addendum for Reservation of Oil, Gas, and Other Minerals 3/1/2009 R, C Addendum For Seller's Disclosure of Information On Lead-Based TAR 1906 TREC OP-L Paint and Lead-Based Paint Hazards 2/9/2004 R, F, C TAR 1907 Residential Real Property Affidavit T-47 7/15/2005 R, F TAR 1908 TREC 10-5 Addendum for Sale of Other Property by Buyer 4/23/2007 R, F TAR 1909 TREC 11-6 Addendum for "Back-up" Contract 4/23/2007 R, F TAR 1910 TREC 15-4 Seller's Temporary Residential Lease 12/4/2006 R, F TAR 1911 TREC 16-4 Buyer's Temporary Residential Lease 12/4/2006 R, F Notices Regarding Contingency Under Addendum For Sale of Other TAR 1912 Property By Buyer 4/26/2004 R, F Seller's Notice to Buyer of Removal of Contingency Under Addendum TAR 1913 for Back-up Contract 4/26/2004 R, F TAR 1914 TREC 26-5 Seller Financing Addendum 12/4/2006 R, F TAR 1915 TREC 33-1 Addendum for Coastal Area Property 4/23/2007 R, F, C TAR 1916 TREC 34-3 Property Located Seaward of the Gulf Intracoastal Waterway 12/10/2007 R, F, C Environmental Assessment, Threatened or Endangered Species, and TAR 1917 TREC 28-1 Wetlands Addendum 4/23/2007 R, F TAR 1918 TREC 45-0 Short Sale Addendum 3/1/2009 R TAR 1919 TREC 41-1 Loan Assumption Addendum 4/23/2007 R, F Release of Liability on Assumed Loan and/or Restoration of Seller's TAR 1920 TREC 12-2 VA Entitlement 4/23/2007 R, F TAR 1921 TREC 32-2 Condominium Resale Certificate 6/30/2008 R, C Addendum for Property Subject to Mandatory Membership in an TAR 1922 TREC 36-5 Owner's Association 6/30/2008 R TAR 1923 TREC 37-3 Subdivision Information, Including Resale Certificate 6/30/2008 R TAR 1924 Non-Realty Items Addendum to Contract 1/27/1998 R, F, C TAR 1925 Buyer's Walk-Through and Acceptance Form 4/26/2004 R, F, C TAR 1926 Seller's Invitation to Buyer to Submit New Offer 8/27/2004 R, F, C Addendum to New Home Contract Containing Required Notices TAR 1927 TREC 43-0 Under Sections 27.007, 420.001 and 420.002, Property Code 12/10/2007 R TAR 1928 For Your Protection: Get a Home Inspection 6/6/2006 R TAR 1929 Authorization to Obtain Consumer Report 1/27/1998 R, F, C TAR 1930 Condominium Addendum to Commercial Contract 10/18/2005 C TAR 1931 Commercial Contract Financing Addendum 10/18/2005 C TAR 1932 Commercial Contract Amendment 10/18/2005 C TAR 1933 Condominium Conversion Addendum 1/2/2003 R TAR 1934 Condominium Information Statement 1/2/2003 R TAR 1935 Seller's Estimated Net Proceeds 1/2/2003 R, F, C TAR 1936 Buyer's Estimated Costs 1/2/2003 R, F, C TAR 1937 Commercial Contract Exhibit 2/6/2002 C TAR 1938 Commercial Tenant Estoppel Certificate 10/18/2005 C Page 2 of 4 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    35. List of Forms - Revised 3/3/09 Revision TAR # TREC # DESCRIPTION OF FORM Date TYPE TAR 1939 Commercial Contract Termination Notice 10/18/2005 C TAR 1941 Relocation Addendum 8/6/2004 R, F Residential Lease Forms TAR 2001 Residential Lease 10/16/2007 R TAR 2002 Agreement Between Brokers for Residential Leases 10/14/2003 R TAR 2003 Residential Lease Application 10/16/2007 R TAR 2004 Pet Agreement 10/14/2003 R TAR 2005 Extension of Residential Lease 10/16/2007 R TAR 2006 Residential Lease Inventory and Condition Form 10/5/2005 R TAR 2007 Residential Lease Guaranty 10/5/2005 R TAR 2008 Addendum Regarding Lead-Based Paint 10/14/2003 R TAR 2009 Agreement for Application Deposit and Hold on Property 10/16/2007 R TAR 2010 Pool/Spa Maintenance Addendum 10/14/2003 R TAR 2011 Residential Lease for a Multi-Family Property Unit 6/18/2008 R Commercial Lease Forms TAR 2101 Commercial Lease 5/26/2006 C TAR 2102 Commercial Lease Addendum for Broker's Fee 5/26/2006 C TAR 2103 Commercial Lease Expense Reimbursement Addendum 5/26/2006 C TAR 2104 Commercial Lease Addendum for Extension Option 5/26/2006 C TAR 2105 Commercial Lease Right of First Refusal Addendum 5/26/2006 C TAR 2106 Commercial Lease Addendum for Percentage Rent 5/26/2006 C TAR 2107 Commercial Lease Parking Addendum 5/26/2006 C TAR 2108 Commercial Landlord's Rules and Regulations 5/26/2006 C TAR 2109 Commercial Lease Guaranty 5/26/2006 C TAR 2110 Commercial Lease Addendum for Optional Space 5/26/2006 C Commercial Leasehold Construction Addendum (Landlord to TAR 2111 Complete Construction) 5/26/2006 C Commercial Leasehold Construction Addendum (Tenant to Complete TAR 2112 Construction) 5/26/2006 C TAR 2113 Commercial Lease Acceptance Form 5/26/2006 C TAR 2114 Commercial Lease Amendment 5/26/2006 C TAR 2115 Commercial Lease Exhibit 5/26/2006 C TAR 2116 Commercial Sublease 5/26/2006 C TAR 2117 Commercial Landlord's Consent to Sublease 5/26/2006 C TAR 2118 Commercial Sublease Addendum for Broker's Fee 5/26/2006 C Property Management Agreements TAR 2201 Residential Leasing and Property Management Agreement 10/5/2005 R TAR 2202 Commercial Property Management Agreement 5/5/2005 C TAR 2204 Multiple Property Addendum 8/26/2004 R, C Addendum for Authorization to Act for Owner Before Owners' TAR 2205 Association 10/16/2007 R, C Owner's Notice Concerning Condition of Property under Property TAR 2206 Management Agreement 8/26/2004 R TAR 2207 Property Manager's Inventory and Condition Report 8/26/2004 R TAR 2208 Notice Terminating Right of Occupancy 10/14/2003 R TAR 2209 Late Notice or Notice of Other Breach of Lease 4/13/2007 R, F, C Page 3 of 4 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    36. List of Forms - Revised 3/3/09 Revision TAR # TREC # DESCRIPTION OF FORM Date TYPE Notice to Tenant of Change in Management and Accountability for TAR 2210 Security Deposit 2/11/2006 R, F, C TAR 2211 Lease Amendment Concerning Tenant Change 4/13/2007 R TAR 2212 Denial of Lease Application 4/13/2007 R, F, C TAR 2213 Agreement to Pay Past Due Amounts Under Lease 4/13/2007 R TAR 2214 Request for Rental History 4/13/2007 R TAR 2215 Report of Incident Occurring on Property 4/13/2007 R, F, C TAR 2216 Itemization of Security Deposit 4/13/2007 R, C TAR 2217 Notice of Landlord's Intent Not to Renew 4/13/2007 R, C TAR 2218 Notice of Tenant's Intent to Vacate 2/6/2009 R TAR 2219 Request for Employment Verification 2/6/2009 R Affiliation Agreements TAR 2301 Independent Contractor Agreement for Sales Associate 8/16/2007 R, F, C TAR 2302 Statement of Understanding 8/16/2007 R, F, C Registration and Commission Agreements TAR 2401 Registration Agreement Between Broker and Owner 1/2/2003 R, F, C TAR 2402 Registration Agreement Between Brokers 1/2/2003 R, F, C Notices TAR 2501 TREC OP-K Information About Brokerage Services 1/1/1996 R, F, C TAR 2502 Notice of Information from Other Sources 7/16/2008 R, F, C TAR 2503 TREC 1-1 Consumer Information Form Aug-91 R, F, C TAR 2504 TREC OP-I Texas Real Estate Consumer Notice Concerning Hazards or Deficiencies 10/27/2008 R, F TAR 2505 OP-C Notice to Prospective Buyer 12/1/1999 R, F, C TAR 2506 Inspector Information 8/16/2007 R, F, C TAR 2507 Protecting Your Home from Mold 6/1/2002 R, F, C TAR 2508 Information About Property Insurance for a Buyer or Seller 4/26/2004 R, F, C TAR 2509 Information About Mineral Clauses in Contract Forms 1/14/2009 R TAR 2510 Renovate Right 12/1/2008 R, F, C TAR 2511 Protecting Your Family From Lead in Your Home 6/1/2003 R, F, C Buying Your Home: Settlement Costs and Helpful Information (HUD TAR 2512 Form) 6/1/1997 R, F, C R = Residential F = Farm and Ranch C = Commercial Page 4 of 4 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Buyer Informat
    SlideShare Zeitgeist 2009

    + Barbara RobinBarbara Robin Nominate

    custom

    211 views, 0 favs, 0 embeds more stats

    If you are in the market to buy a home in Texas, he more

    More info about this document

    © All Rights Reserved

    Go to text version

    • Total Views 211
      • 211 on SlideShare
      • 0 from embeds
    • Comments 0
    • Favorites 0
    • Downloads 1
    Most viewed embeds

    more

    All embeds

    less

    Flagged as inappropriate Flag as inappropriate
    Flag as inappropriate

    Select your reason for flagging this presentation as inappropriate. If needed, use the feedback form to let us know more details.

    Cancel
    File a copyright complaint
    Having problems? Go to our helpdesk?

    Categories