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<br />Contract Concerning <br /> <br />J.:J ~ N (If+t,. 0 4~ UJJc>e T~ I 'N.. <br />(Add res of Property) <br /> <br />Page 5 of 9 02-13-06 <br /> <br />12. SETTLEMENT AND OTHER EXPENSES: <br />A. The following expenses must be paid at or prior to closing: <br />(1) Expenses payable by Seller (Seller's Expenses): <br />(a)Releases of existing liens, including prepayment penalties and recording fees; release of <br />Seller's loan liability; tax statements or certificates; preparation of deed; one-half of <br />escrow feef' and other expenses payable by Seller under this contract. <br />(b)Seller shal also pay an amount not to exceed $ to be applied in the <br />following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, <br />Texas Veterans Housing Assistance Program or other governmental loan programs, and <br />then to other Buyer's Expenses as allowed by the lender. <br />(2) Expenses payable by Buyer (Buyer's Expenses): <br />(a) Loan origination, discount, buy-down, and commitment fees (Loan Fees). <br />(b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; <br />interest on the notes from date of disbursement to one month prior to dates <br />of first monthly payments; recording fees; copies of easements and restrictions; <br />mortgagee title policy with endorsements required by lender; loan-related inspection <br />fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, <br />including required premiums for flood and hazard insurance, reserve deposits for <br />insurance, ad valorem taxes and special governmental assessments; final compliance <br />inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses <br />incident to any loan; and other expenses payable by Buyer under this contract. <br />B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA <br />Mortgage Insurance Premium (MIP) as required by the lender. <br />C. If any expense exceeds an amount expressly stated in this contract for such expense to be <br />paid by a party, that party may terminate this contract unless the other party agrees to pay <br />such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas <br />Veterans Housing Assistance Program or other governmental loan program regulations. <br /> <br />13. PRORATIONS AND ROLLBACK TAXES: <br />A. PRORATIONS: Taxes for the current year, maintenance fees, assessments, dues and rents <br />will be prorated through the Closing Date. The tax proration may be calculated taking into <br />consideration any change in exemptions that will affect the current year's taxes. If taxes for <br />the current year vary from the amount prorated at closing, the parties shall adjust the <br />prorations when tax statements for the current year are available. If taxes are not paid at or <br />prior to closing, Buyer will be obligated to pay taxes for the current year. <br />B. ROLLBACK TAXES: If Seller's change in use of the Property prior to closing or denial of a <br />special use valuation on the Property results in additional taxes, penalties or interest <br />(Assessments) for periods prior to closing, the Assessments will be the obligation of Seller. <br />Obligations imposed by this paragraph will survive closing. <br /> <br />14. CASUAL TV LOSS: If any part of the Property is damaged or destroyed by fire or other casualty <br />after the effective date of this contract, Seller shall restore the Property to its previous condition <br />as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so <br />due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest <br />money will be refunded to Buyer (b) extend the time for performance up to 15 days and the <br />Closing Date will be extended as necessary or (c) accept the Property in its damaged condition <br />with an assignment of insurance proceeds and receive credit from Seller at closing in the amount <br />of the deductible under the insurance policy. Seller's obligations under this paragraph are <br />independent of any other obligations of Seller under this contract. <br /> <br />15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) <br />enforce specific performance, seek such other relief as may be prOVided by law or both, or (b) <br />terminate this contract and receive the earnest money as liquidated damages, thereby releasing <br />both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the <br />time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if reqUired <br />of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will <br />be extended as necessary or (b) terminate this contract as the sole remedy and receive the <br />earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in <br />default and Buyer may (a) enforce specific performance, seek such other relief as may be <br />provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby <br />releasing both parties from this contract. <br /> <br />16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through <br />alternative dispute resolution procedures such as mediation. Subject to applicable law, any <br />dispute betw.een seller and Buyer related to this contract which is not resolved through informal <br />discussion Uwill Uwill not be submitted to a mutually acceptable mediation service or provider. <br />The parties to the mediation shall bear the mediation costs equally. This paragraph does not <br />preclude a party from seeking equitable relief from a c of competent jurisdiction. <br /> <br /> <br />TREC NO. 24-6 <br /> <br />Initialed for identification by BuyerLM.i) <br /> <br />and Seller <br />