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<br />e <br /> <br />e <br /> <br />9. POSSESSXON: The possession of the Property shall be <br />delivered to Buyer at Closing. Buyer may enter upon the <br />property before closing for inspections and survey. Buyer may <br />cancel contract and receive refund of earnest money if <br />environmental inspection is not satisfactory to Buyer. <br /> <br />10. CLOSING COSTS: Buyer shall pay usual title company closing <br />costs and survey expense. <br /> <br />11. TAXES: Taxes shall be prorated to date of Closing. <br /> <br />12. DEFAULT: Unless otherwise provided for herein, if Buyer fails <br />to comply herewith, Seller may either (i) enforce specific <br />performance and seek such other relief as may be provided by <br />law, or (ii) terminate this Contract and receive the earnest <br />money as liquidated damages. Unless otherwise provided for <br />herein, if Seller fails to comply herewith, Buyer may either <br />(i) enforce specific performance hereof and seek such other <br />relief as may be provided by law, or (ii) terminate this <br />Contract and receive the earnest money. <br /> <br />13. ATTORNEY'S FEES: Any signatory to this Contract who is the <br />prevailing party in any legal proceeding against any other <br />signatory brought under or with relation to this Contract or <br />transaction shall be additionally entitled to recover court <br />costs and reasonable attorney fees from the non-prevailing <br />party. <br /> <br />14. CONFIDENT:IALXTY: Buyer agrees to keep confidential, the terms <br />and conditions of this earnest money contract and sale. <br /> <br />15. AGREEMENT OF THE PARTIES: This Contract contains the entire <br />agreement of the parties and cannot be changed except by their <br />written consent. <br /> <br />EXECUTED in multiple originals, effective the 29th day of <br />April, 2004. <br /> <br />SELLER'S ADDRESS. <br /> <br />SELLBR. <br /> <br />P.O. Box 1398 <br />La Porte, TX 77572 <br /> <br />DA{2~~ <br /> <br />phone: 281.471.2761 <br /> <br />BUYER'S ADDRBSS. <br /> <br />BUYBR. <br /> <br />604 West Fairmont Parkway <br />La Porte, TX 77571 <br /> <br />By: <br /> <br /> <br />phone: 281.471.5020 <br /> <br />2 <br />