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O-2008-3090 contracts-Linda Doughty/Buyer,sale of home located at 224 N. 6th Street; propestive buyers for homes at 207 N. 2nd Street, 211 N. 1st Street and 216 N. 2nd
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O-2008-3090 contracts-Linda Doughty/Buyer,sale of home located at 224 N. 6th Street; propestive buyers for homes at 207 N. 2nd Street, 211 N. 1st Street and 216 N. 2nd
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11/2/2016 3:39:26 PM
Creation date
10/20/2008 3:00:29 PM
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Legislative Records
Legislative Type
Ordinance
Date
7/14/2008
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<br />Contract Concerning <br /> <br /> <br />Page 2 of 9 02-13-06 <br /> <br />authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer <br />at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are <br />not delivered to Buyer within the specified time, the time for delivery will be automatically <br />extended up to 15 days or the Closing Date, whichever is earlier. <br />C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to <br />tbe-Title Company grld any lender. (Check one box only) <br />lia (1) Within i"'l days after the effective date of this contract, Seller shall furnish to <br />Buyer and Title Company Seller's existing survey of the Property and a Residential Real <br />Property Affidavit promulgated by the Texas Department of Insurance (Affidavit). If <br />the existing surveyor Affidavit is I1Qj: acceptable to Title Company or Buyer's lender, <br />Buyer shall obtain a new survey at U Seller's U Buyer's expense no later than 3 days <br />prior to Closing Date. If Seller fails to furnish the existing surveyor Affidavit within the <br />time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 <br />days prior to Closing Date. <br />D (2) Within days after the effective date of this contract, Buyer shall obtain a new <br />surver at Buyer's expense. Buyer is deemed to receive the survey on the date of <br />actua receipt or the date specified in this paragraph, whichever is earlier. <br />D (3) Within days after the effective date of this contract, Seller, at Seller's expense <br />shall furnish a new survey to Buyer. <br />D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: <br />disclosed on the survey other than items 6A(1) through (7) above; disclosed in the <br />Commitment other than items 6A(1) through (8) above; or which prohibit the following use or <br />activity: . <br />Buyer must object not later than (i) the Closing Date or (ii) _ days after Buyer receives <br />the Commitment, Exception Documents, and the survey, whichever is earlier. Buyer's failure <br />to object within the time allowed will constitute a waiver of Buyer's right to object; except <br />that the requirements in Schedule C of the Commitment are not waived. Provided Seller is <br />not obligated to incur any expense, Seller shall cure the timely objections of Buyer or any <br />third party lender within 15 days after Seller receives the objections and the Closing Date will <br />be extended as necessary. If objections are not cured within such 15 day period, this <br />contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives <br />the objections. <br />E. TITLE NOTICES: <br />(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering <br />the Property examined by an attorney of Buyer's selection, or Buyer should be furnished <br />with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be <br />promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's <br />right to object. <br />(2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property D is UJ;'is not subject <br />to mandatory membership in an owners' association. If the Property is subject to <br />mandatory membership in an owners' association, Seller notifies Buyer under 95.012, <br />Texas Property Code, that, as a purchaser of property in the residential community in <br />which the Property is located, you are obligated to be a member of the owners' <br />association. Restrictive covenants governing the use and occupancy of the Property and a <br />dedicatory instrument governing the establishment, maintenance, and operation of <br />this residential community have been or will be recorded in the Real Property Records of <br />the county in which the Property is located. Copies of the restrictive covenants and <br />dedicatory instrument may be obtained from the county clerk. You are obligated to pay <br />assessments to the owners' association. The amount of the assessments is subject to <br />change. Your failure to pay the assessments could result in a lien on and the foreclosure of <br />the Property. If Buyer is concerned about these matters, the TREC promulgated <br />Addendum for Property Subject to Mandatory Membership in an Owner's Association <br />should be used. <br />(3) STATUTO~Y !AX DI?~RICTS: If the Prope~ is situated in a utility ~: other statutorily <br />created dlstnct prOVIding water, sewer, drainage, or flood control faCilities and services <br />Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutorY <br />notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to <br />final execution of this contract. <br />(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, 933.135 <br />Texas Natural Resources Code, requires a notice regarding coastal area property to be <br />included in the contract. An addendum containing the notice promulgated by TREC or <br />required by the parties must be used. <br />(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies <br />Buyer under 95.011, Texas Property Code, that the Property may now or later be included <br />in the extraterritorial jurisdiction of a municipality and may now or later be subject to <br />annexation by the municipality. Each municipality maintains a map that depicts its <br />boundaries and extraterritorial jurisdiction. To det ine if the Property is located within a <br />municipality's extraterritorial jurisdiction or is Ii lobe located within a municipality's <br />extraterritorial jurisdiction, contact all municipali i ed in the general proximity of the <br /> <br />Initialed for identification by BuyerL f'nJ) and Seller TREC NO. 24-6 <br />
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