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DocuSign Envelope ID: FCFB589B-662A-46BI-A201-B13B1DCB07EA <br />Commercial Contract - Unimproved Property concerning W Main, La Porte, Tx 77571 <br />except for any damages resulting from Buyer's inspections, studies or assessments in accordance with <br />Paragraph 7G(3) which Seller may pursue; or <br />(Check if applicable) <br />enforce specific performance, or seek such other relief as may be provided by law. <br />B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the <br />commitment, Buyer may: <br />(1) terminate this contract and receive the earnest money, less any independent consideration under <br />Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or <br />(2) extend the time for performance up to 15 days and the closing will be extended as necessary. <br />C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and <br />Buyer may: <br />(1) terminate this contract and receive the earnest money, less any independent consideration under <br />Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or <br />(2) enforce specific performance, or seek such other relief as may be provided by law, or both, <br />16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the <br />Property, Buyer may: <br />A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the <br />condemnation proceedings and the earnest money, less any independent consideration paid under <br />Paragraph 713(1), will be refunded to Buyer; or <br />B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: <br />(1) Seller and the sales price will be reduced by the same amount; or <br />(2) Buyer and the sales price will not be reduced. <br />17. ATTORNEYS FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal <br />proceeding brought under or with relation to this contract or this transaction, Such party is entitled to <br />recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This <br />Paragraph 17 survives termination of this contract. <br />A. At closing, the earnest money will be applied first to any cash down payment, then to Buyers closing <br />costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require <br />payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the <br />title company from all parties. <br />B. If one party makes written demand for the earnest money, the title company will give notice of the <br />demand by providing to the other party a copy of the demand. If the title company does not re- ceive <br />written objection to the demand from the other party within 15 days after the date the title company <br />sent the demand to the other party, the title company may disburse the earnest money to the party <br />making demand, reduced by the amount of unpaid expenses incurred on behalf of the party rgenivina <br />the earnest money and the title company may pay the same to the creditors. <br />G. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing <br />any earnest money to Buyer and will pay the independent consideration to Seller. <br />D. If the title company complies with this Paragraph 18, each party hereby releases the title company from <br />all claims related to the disbursal of the earnest money. <br />E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the <br />title company are effective upon receipt by the title company. D3 DS <br />(TXR- 1802) 07-08-22 Initiated for Identification by Seller _j�" and BuyeL Page 10 of 15 <br />AfAin Woptrfle,, 1014 S 2.d St Ln Port, TX 17571 Phone: 832-279-5674 Fax: 281A7L8731 W Main LA Parle <br />Rota Marta W11flarns Produced With Lono Wolf Transadons (ApForni Edition) 71T N Harwood St, Sulto 2200, Daffas, TX 76201 m8my3wgJLram <br />