Transaction Checklist - CeshkerGroupceshkergroup.com/docs/WrapChecklist.pdf · Transaction...

52
Transaction Checklist Receipting Information and Contract by Texas Title/Ceshker Group 1. Complete TREC 1 to 4 Contract (completely – contact us with any questions) a. Complete Wrap Assumption Addendum if an assumption or subject to b. Complete Seller Finance Addendum if a mortgage wrap 2. Complete Buyer and Seller Information Forms (completely) 3. Complete Assignment of Contract (if applicable) 4. If a Mortgage Wrap/Assumption a. Complete the 5.016 Form b. Obtain Promissory Note c. Obtain Current Statement d. Obtain Reinstatement (if applicable) e. Complete Addendum/Disclosure if Needed (not required) 5. Arrange Insurance Coverage (see insurance referrals) 6. Arrange Loan Servicing (if required by parties) a. Complete all Forms Before Closing 8. Forward Earnest Money Via Regular Mail or FedEx 9. Review Closing Locations and Schedule Closing 10. 7. Receipt Contract With Central Office: Jesseca Aregger Title Liaison Ceshker Group 13413 Galleria Circle, Suite 120 Austin, Texas 78738 P 512-306-0696 F 512-328-8268 jaregger@ceshkergroup.com Jesseca Aregger will assist with all questions Jesseca Aregger Title Liaison Ceshker Group 13413 Galleria Cir Suite 120 Austin, Texas 78738 O 512-306-0696 M 503-358-3227 [email protected]

Transcript of Transaction Checklist - CeshkerGroupceshkergroup.com/docs/WrapChecklist.pdf · Transaction...

Transaction Checklist

Receipting Information and Contract by Texas TitleCeshker Group

1 Complete TREC 1 to 4 Contract (completely ndash contact us with any questions)

a Complete Wrap Assumption Addendum if an assumption or subject to

b Complete Seller Finance Addendum if a mortgage wrap

2 Complete Buyer and Seller Information Forms (completely)

3 Complete Assignment of Contract (if applicable)

4 If a Mortgage WrapAssumption

a Complete the 5016 Form

b Obtain Promissory Note

c Obtain Current Statement

d Obtain Reinstatement (if applicable)

e Complete AddendumDisclosure if Needed (not required)

5 Arrange Insurance Coverage (see insurance referrals)

6 Arrange Loan Servicing (if required by parties)

a Complete all Forms Before Closing

8 Forward Earnest Money Via Regular Mail or FedEx

9 Review Closing Locations and Schedule Closing

10

7 Receipt Contract With Central Office Jesseca Aregger Title Liaison Ceshker Group 13413 Galleria Circle Suite 120 Austin Texas 78738 P 512-306-0696 F 512-328-8268 jareggerceshkergroupcom

Jesseca Aregger will assist with all questions

Jesseca Aregger Title Liaison Ceshker Group 13413 Galleria Cir Suite 120 Austin Texas 78738 O 512-306-0696 M 503-358-3227 jareggerceshkergroupcom

INDEX

1 TREC 1 to 4 (Non WrapAssumption Transaction) Page 3

2 TREC 1 to 4 (WrapAssumption Transaction) Page 12

a Assumption Addendum Page 21

b Seller Finance Addendum Page 23

3 Assignment of Contract (if assigning contract) Page 25

4 Buyer Information Form (Non WrapAssumption Transaction) Page 27

5 Seller Information Form (Non WrapAssumption Transaction) Page 28

6 Buyer Information Form (WrapAssumption Transaction) Page 29

7 Seller Information Form (WrapAssumption Transaction) Page 31

8 5016 Disclosure Page 35

9 Wrap AddendumNoticeDisclosure Page 37

10 Page 42 Insurance Referrals

11 Loan Servicing Referrals Page 43

12 Affidavit of Heirship Questionnaire Page 44

13 Affidavit of Heirship Form Page 49

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

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Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

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Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

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Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

INDEX

1 TREC 1 to 4 (Non WrapAssumption Transaction) Page 3

2 TREC 1 to 4 (WrapAssumption Transaction) Page 12

a Assumption Addendum Page 21

b Seller Finance Addendum Page 23

3 Assignment of Contract (if assigning contract) Page 25

4 Buyer Information Form (Non WrapAssumption Transaction) Page 27

5 Seller Information Form (Non WrapAssumption Transaction) Page 28

6 Buyer Information Form (WrapAssumption Transaction) Page 29

7 Seller Information Form (WrapAssumption Transaction) Page 31

8 5016 Disclosure Page 35

9 Wrap AddendumNoticeDisclosure Page 37

10 Page 42 Insurance Referrals

11 Loan Servicing Referrals Page 43

12 Affidavit of Heirship Questionnaire Page 44

13 Affidavit of Heirship Form Page 49

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

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Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
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Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
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Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
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User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page of 9 (Address of Property)

EQUAL HOUSING OPPORTUNITY

11-2-2015 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

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 The land improvements and accessories are collectively referred to as the ldquoPropertyrdquo A LAND Lot Block

Addition City of County of Texas known as (addresszip 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 mounts and brackets for televisions and speakers 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 door keys mailbox keys above ground pool swimming pool equipment and maintenance accessories artificial fireplace logs and controls for (i) garage doors (ii) entry gates and (iii) other improvements and accessories

D EXCLUSIONS The following improvements and accessories will be removed prior to delivery of possession

be retained by Seller and must

3 SALES PRICE

A Cash portion of Sales Price payable by Buyer at closing $ B Sum of all financing described in the attached Third Party Financing Addendum Loan Assumption Addendum Seller Financing Addendum $

C Sales Price (Sum of A and B) $ 4 LICENSE HOLDER DISCLOSURE Texas law requires a real estate license holder who is a party to a

transaction or acting on behalf of a spouse parent child business entity in which the license holder owns more than 10 or a trust for which the license holder acts as a trustee or of which the license holder or the license holderrsquos spouse parent or child is a beneficiary to notify the other party in writing before entering into a contract of sale Disclose if applicable

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 effectivedate of this contract If Buyer fails to deposit the earnest money as required by this contract Buyer will be in default

6TITLE POLICY AND SURVEY A TITLE POLICY Seller shall furnish to Buyer at Sellerrsquos Buyerrsquos 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 3 (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property

is located

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 2 of 9 11-2-2015 (Address of Property)

(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 (i) will not be amended or deleted from the title policy or (ii) will be amended to read shortages in area at the expense of Buyer Seller

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 Buyers 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 Buyerat Buyers 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 3 days before the Closing Date whichever is earlier If due tofactors beyond Sellerrsquos control the Commitment and Exception Documents are not delivered within the time required Buyer may terminate this contract and the earnest money will be refunded to Buyer

C SURVEY The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyerrsquos lender(s) (Check one box only)

(1)Within days after the effective date of this contract Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit) If Seller fails to furnish the existing survey or affidavit within the time prescribed Buyershall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date If the existing survey or affidavit is not acceptable to Title Company or Buyers lender(s) Buyer shall obtain a new survey at Sellers Buyers 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 Buyers 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 Sellers 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 useor activity Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment Exception Documents and the survey Buyerrsquos failure to object within the time allowed will constitute a waiver of Buyerrsquos right to object except that the requirementsin Schedule C of the Commitment are not waived by Buyer Provided Seller is not obligatedto 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 Buyerrsquos 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 Buyerrsquos choice due to the time limitations on Buyerrsquos right to object

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S) The Property is is not subject to mandatory membership in a property owners association(s) If the Property is subject to mandatory membership in a property owners association(s) Seller notifies Buyer under sect5012 Texas Property Code that as a purchaser of property in theresidential community identified in Paragraph 2A in which the Property is located you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment maintenance or operation of this residential communityhave 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 instruments may be obtained from the county clerk You are obligated to pay assessments to the property owners association(s) The amount of the assessments is subject to

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 3 of 9 11-2-2015 (Address of Property)

change Your failure to pay the assessments could result in enforcement of the associationrsquos lien on and the foreclosure of the Property Section 207003 Property Code entitles an owner to receive copies of any document thatgoverns the establishment maintenance or operation of a subdivision including but notlimited to restrictions bylaws rules and regulations and a resale certificate from a property owners association A resale certificate contains information including but not limited to statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners association is aparty other than lawsuits relating to unpaid ad valorem taxes of an individual member ofthe association These documents must be made available to you by the property owners association or the associations agent on your request If Buyer is concerned about these matters the TREC promulgated Addendum forProperty Subject to Mandatory Membership in a Property Owners Association(s)should be used

(3) STATUTORY TAX DISTRICTS If the Property is situated in a utility or other statutorilycreated district providing water sewer drainage or flood control facilities and servicesChapter 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 tofinal execution of this contract

(4) TIDE WATERS If the Property abuts the tidally influenced waters of the state sect33135 Texas Natural Resources Code requires a notice regarding coastal area property to beincluded 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 sect5011 Texas Property Code that the Property may now or later be includedin the extraterritorial jurisdiction of a municipality and may now or later be subject toannexation by the municipality Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction To determine if the Property is located within amunicipalityrsquos extraterritorial jurisdiction or is likely to be located within a municipalityrsquosextraterritorial 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 sect13257 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 isrequired 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 districtsect5014 Property Code requires Seller to notify Buyer as follows As a purchaser of thisparcel 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 inperiodic 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

(8) TRANSFER FEES If the Property is subject to a private transfer fee obligation sect5205 Property Code requires Seller to notify Buyer as follows The private transfer feeobligation may be governed by Chapter 5 Subchapter G of the Texas Property Code

(9) PROPANE GAS SYSTEM SERVICE AREA If the Property is located in a propane gas system service area owned by a distribution system retailer Seller must give Buyer written notice as required by sect141010 Texas Utilities Code An addendum containing the notice approved by TREC or required by the parties should be used

(10) NOTICE OF WATER LEVEL FLUCTUATIONS If the Property adjoins an impoundment ofwater including a reservoir or lake constructed and maintained under Chapter 11 Water Code that has a storage capacity of at least 5000 acre-feet at the impoundmentrsquos normal operating level Seller hereby notifies Buyer ldquoThe water level of the impoundment of water adjoining the Property fluctuates for various reasons including as

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 4 of 9 11-2-2015 (Address of Property)

a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditionsrdquo

7PROPERTY CONDITION A ACCESS INSPECTIONS AND UTILITIES Seller shall permit Buyer and Buyerrsquos agents access

to the Property at reasonable times Buyer may have the Property inspected by inspectorsselected by Buyer and licensed by TREC or otherwise permitted by law to make inspectionsAny hydrostatic testing must be separately authorized by Seller in writing Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilitieson during the time this contract is in effect

B SELLERS DISCLOSURE NOTICE PURSUANT TO sect5008 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 SELLERrsquoS 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 ldquoAs Isrdquo means the present condition of the Property

with any and all defects and without warranty except for the warranties of title and the warranties in this contract Buyerrsquos agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A fromnegotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period if any(Check one box only)

(1) Buyer accepts the Property As Is (2) Buyer accepts the Property As Is provided Seller at Sellerrsquos expense shall complete the

following specific repairs and treatments

(Do not insert general phrases such as ldquosubject to inspectionsrdquo that do not identify specific repairs and treatments)

E LENDER REQUIRED REPAIRS AND TREATMENTS Unless otherwise agreed in writing neitherparty is obligated to pay for lender required repairs which includes treatment 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 (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date and (ii) all requiredpermits must be obtained and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or if no license is required by law are commercially engaged in the trade of providing such repairs or treatments At Buyerrsquoselection any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyerrsquos expense If Seller fails to complete any agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments

G ENVIRONMENTAL MATTERS Buyer is advised that the presence of wetlands toxic substancesincluding asbestos and wastes or other environmental hazards or the presence of athreatened or endangered species or its habitat may affect Buyerrsquos 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 residentialservice contract is optional Similar coverage may be purchased from various companies authorized to do business in Texas

8BROKERSrsquo FEES All obligations of the parties for payment of brokersrsquo fees are contained inseparate written agreements

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 5 of 9 11-2-2015 (Address of Property)

9CLOSING A The closing of the sale will be on or before 20 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 andfurnish 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 reasonably required for theclosing of the sale and the issuance of the Title Policy

(4) There will be no liens assessments or security interests against the Property which willnot be satisfied out of the sales proceeds unless securing the payment of any loansassumed by Buyer and assumed loans will not be in default

(5)If the Property is subject to a residential lease Seller shall transfer security deposits (as defined under sect92102 Property Code) if any to Buyer In such an event Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has acquired the Property and is responsible for the return of the security deposit and specifying the exact dollar amount of the security deposit

10POSSESSION A Buyerrsquos 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

B Leases (1)After the Effective Date Seller may not execute any lease (including but not limited to

mineral leases) or convey any interest in the Property without Buyerrsquos written consent (2) If the Property is subject to any lease to which Seller is a party Seller shall deliver to

Buyer copies of the lease(s) and any move-in condition form signed by the tenantwithin 7 days after the Effective Date of the contract

11SPECIAL PROVISIONS (Insert only factual statements and business details applicable to the sale TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum lease or other form has been promulgated by TREC for mandatory use)

12 SETTLEMENT AND OTHER EXPENSES A The following expenses must be paid at or prior to closing

(1) Expenses payable by Seller (Sellers Expenses) (a) Releases of existing liens including prepayment penalties and recording fees

release of Sellerrsquos 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 thefollowing order Buyerrsquos Expenses which Buyer is prohibited from paying by FHA VATexas Veterans Land Board or other governmental loan programs and then to otherBuyerrsquos Expenses as allowed by the lender

(2) Expenses payable by Buyer (Buyers Expenses) Appraisal fees loan application fees origination charges credit reports preparation of loan documents interest on the notes from date of disbursement to one month prior to dates of first monthlypayments recording fees copies of easements and restrictions loan title policy withendorsements required by lender loan-related inspection fees photos amortizationschedules 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 repairinspection underwriting fee wire transfer fee expenses incident to any loan Private

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 6 of 9 11-2-2015 (Address of Property)

Mortgage Insurance Premium (PMI) VA Loan Funding Fee or FHA Mortgage Insurance Premium (MIP) as required by the lender and other expenses payable by Buyer under this contract

B If any expense exceeds an amount expressly stated in this contract for such expense tobe paid by a party that party may terminate this contract unless the other party agrees topay 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 duesand 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 years taxesIf taxes for the current year vary from the amount prorated at closing the parties shalladjust 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 Sellerrsquos control Buyer may (a) terminate thiscontract 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 if permittedby Sellerrsquos insurance carrier and receive credit from Seller at closing in the amount of the deductible under the insurance policy Sellerrsquos obligations under this paragraph areindependent 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 Seller fails to comply with this contract Seller willbe 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 disputesthrough alternative dispute resolution procedures such as mediation Any dispute betweenSeller and Buyer related to this contract which is not resolved through informal discussion will 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 ATTORNEYS 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 reasonableattorneyrsquos fees and all costs of such proceeding

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 Buyers Expenses and any excess refunded to Buyer If no closing occurs escrow agent may (i) require a written release of liability of the escrow agentfrom all parties (ii) require payment of unpaid expenses incurred on behalf of a party and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money

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 therelease 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

Initialed for identification by Buyer and Seller TREC NO 20-13

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
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Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Contract Concerning Page 7 of 9 11-2-2015 (Address of Property)

D DAMAGES Any party who wrongfully fails or refuses to sign a release acceptable to theescrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii) the earnest money (iii) reasonable attorneys fees and (iv) all costs of suit

E NOTICES Escrow agents notices will be effective when sent in compliance with Paragraph21 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 toshow the Property and receive negotiate and accept back up offers

20 FEDERAL TAX REQUIREMENTS If Seller is a foreign personrdquo as defined by applicable law or if Seller fails to deliver an affidavit to Buyer that Seller is not a foreign personrdquo 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 taxforms 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 fax or electronic transmission as follows

To Buyer at

To Seller at

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

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 Addendum

Seller Financing Addendum Addendum for Property Subject toMandatory Membership in a PropertyOwners Association

Buyerrsquos Temporary Residential Lease Loan Assumption Addendum Addendum for Sale of Other Property byBuyer

Addendum for Reservation of Oil Gas and Other Minerals

Addendum for Back-Up Contract Addendum for Coastal Area Property

Environmental Assessment Threatened or Endangered Species and Wetlands Addendum

Sellerrsquos Temporary Residential Lease

Short Sale Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sellers Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required byFederal Law

Addendum for Property in a Propane Gas System Service Area

Other (list)

Initialed for identification by Buyer and Seller TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Initialed for identification by Buyer and Seller

Contract Concerning Page 8 of 9 11-2-2015 (Address of Property)

23 TERMINATION OPTION For nominal consideration the receipt of which is hereby acknowledged by Seller and Buyers agreement to pay Seller $ (Option Fee)within 3 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 theeffective date of this contract (Option Period) Notices under this paragraph must be given by500 pm (local time where the Property is located) by the date specified 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 theunrestricted right to terminate this contract If Buyer gives notice of termination within the timeprescribed 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 isrequired

24 CONSULT AN ATTORNEY BEFORE SIGNING TREC rules prohibit real estate license holdersfrom giving legal advice READ THIS CONTRACT CAREFULLY

Buyers Attorney is

Sellers Attorney is

Phone

Fax

E-mail

(

(

)

)

Phone

Fax

E-mail

(

(

)

)

EXECUTED the day of 20 (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 license holders 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 PO Box 12188 Austin TX 78711-2188 (512) 936-3000 (httpwwwtrectexasgov) TREC NO 20-13 This form replaces TREC NO 20-12

TREC NO 20-13

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Initialed for identification by Buyer and Seller

Contract Concerning Page 9 of 9 11-2-2015 (Address of Property)

BROKER INFORMATION (Print name(s) only Do not sign)

Other Broker Firm License No

represents Buyer only as Buyerrsquos agent

Seller as Listing Brokerrsquos subagent

Associatersquos Name License No

Licensed Supervisor of Associate License No

Other Brokers Address Fax

City State Zip

Associatersquos Email Address Phone

Listing Broker Firm License No

represents Seller and Buyer as an intermediary

Seller only as Sellerrsquos agent

Listing Associatersquos Name License No

Licensed Supervisor of Listing Associate License No

Listing Brokerrsquos Office Address Fax

City State Zip

Listing Associatersquos Email Address Phone

Selling Associatersquos Name License No

Licensed Supervisor of Selling Associate License No

Selling Associatersquos Office Address Fax

City State Zip

Selling Associatersquos Email Address Phone

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Brokerrsquos fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokerrsquos fee at closing

Receipt of $

OPTION FEE RECEIPT

(Option Fee) in the form of is acknowledged

Seller or Listing Broker Date

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ is acknowledged

Earnest Money in the form of

Escrow Agent Date

By

Address

Email Address Phone ( )

City State Zip Fax ( )

TREC NO 20-13

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

TREC NO 41-2

12-05-11

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretion that Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract within the time specified Seller will be deemed to have approved Buyers creditworthiness

C ASSUMPTION Buyers assumption of an existing note includes all obligations imposed by the deed of trust securing the note (1) The unpaid principal balance of a first lien promissory note payable to

which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

(2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $ The total current monthly payment including principal interest and any reserve deposits is $ Buyerrsquos initial payment will be the first payment due after closing

If the unpaid principal balance of any assumed loan as of the Closing Date varies from the loan balance stated above the cash payable at closing Sales Price will be adjusted by the amount of any variance If the total principal balance of all assumed loans varies in an amount greater than $500 at closing either party may terminate this contract and the earnest money will be refunded to Buyer unless the other party elects to pay the excess of the variance

D LOAN ASSUMPTION TERMS Buyer may terminate this contract and the earnest money will be refunded to Buyer if the noteholder requires (1) payment of an assumption fee in excess of $ in C(1) or $ in C(2) and

Seller declines to pay such excess or (2) an increase in the interest rate to more than in C(1) or in C(2) or (3) any other modification of the loan documents

E CONSENT BY NOTEHOLDER If the noteholder fails to consent to the assumption of the loan either Seller or Buyer may terminate this contract by notice to the other party and the earnest money will be refunded to the Buyer

F SELLERS LIENS Unless Seller is released from liability on any assumed note a vendorrsquos lien and deed of trust to secure assumption will be required The vendors lien will automatically be released on delivery of an executed release by noteholder

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

LOAN ASSUMPTION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

Initialed for identification by Buyer and Seller

User1
Line
User1
Line
User1
Line
aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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aceshkerceshkercom
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TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

TREC NO 41-2

G TAX AND INSURANCE ESCROW If noteholder maintains an escrow account for ad valorem taxes casualty insurance premiums or mortgage insurance premiums Seller shall transfer the escrow account to Buyer without any deficiency Buyer shall reimburse Seller for the amount in the transferred accounts

NOTICE TO BUYER If you are concerned about the possibility of future adjustments monthly payments interest rates or other terms do not sign the contract without examining the notes and deeds of trust

NOTICE TO SELLER Your liability to pay the notes assumed by Buyer will continue unless you obtain a release of liability from the noteholders If you are concerned about future liability you should use the TREC Release of Liability Addendum

Loan Assumption Addendum Concerning Page 2 of 2 10-10-11 (Address of Property)

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 PO Box 12188 Austin TX 78711-2188 5112-936-3000 (httpwwwtrectexasgov) TREC No 41-2 This form replaces TREC No 41-1

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-2-2015

EQUAL HOUSING

OPPORTUNITY

SELLER FINANCING ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT

(Address of Property)

A CREDIT DOCUMENTATION To establish Buyers creditworthiness Buyer shall deliver to Seller within days after the effective date of this contract credit report verification of employment including salary verification of funds on deposit in financial institutions current financial statement and

Buyer hereby authorizes any credit reporting agency to furnish copies of Buyers credit reports to Seller at Buyers sole expense

B BUYERrsquoS CREDIT APPROVAL If the credit documentation described in Paragraph A is not delivered within the specified time Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be paid to Seller If the credit documentation is timely delivered and Seller determines in Sellers sole discretionthat Buyers credit is unacceptable Seller may terminate this contract by notice to Buyer within 7 days after expiration of the time for delivery and the earnest money will be refunded to Buyer If Seller does not terminate this contract Seller will be deemed to have approved Buyers creditworthiness

C PROMISSORY NOTE The promissory note in the amount of $____________ (Note) included in Paragraph 3B of the contract payable by Buyer to the order of Seller will bear interest at the rate of per annum and be payable at the place designated by Seller Buyer may prepay the Note in whole or in part at any time without penalty Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal The Note will contain a provision for payment of a late fee of 5 of any installment not paid within 10 days of the due date Matured unpaid amounts will bear interestat the rate of 1frac12 per month or at the highest lawful rate whichever is less The Note will be payable as follows

(1) In one payment due after the date of the Note with interest payable at maturity monthly quarterly (check one box only)

(2) In monthly installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

(3) Interest only in monthly installments for the first month(s) and thereafter in installments of $ including interest plus interest (check one box only) beginning after the date of the Note and continuing monthly thereafter for months when the balance of the Note will be due and payable

D DEED OF TRUST The deed of trust securing the Note will provide for the following

(1) PROPERTY TRANSFERS (check one box only)

(a) Consent Not Required The Property may be sold conveyed or leased without the consent of Seller provided any subsequent buyer assumes the Note

(b) Consent Required If all or any part of the Property is sold conveyed leased for a period longer than 3 years leased with an option to purchase or otherwise sold (including any contract for deed) without Sellers prior written consent which consent may be withheld in Sellers sole discretion Seller may declare the balance of the Note

TREC NO 26-7Initialed for identification by Buyer and Seller

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
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Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Seller Financing Addendum Concerning Page 2 of 2 11-2-2015

(Address of Property)

to be immediately due and payable The creation of a subordinate lien any conveyance under threat or order of condemnation any deed solely between buyers or the passage of title by reason of the death of a buyer or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph

NOTE Under (a) or (b) Buyers liability to pay the Note will continue unless Buyer obtains arelease of liability from Seller

(2) TAX AND INSURANCE ESCROW (check one box only)

(a) Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes become delinquent evidence that all ad valorem taxes on the Property have been paid Buyer shall annually furnish Seller evidence of paid-up casualty insurance naming Seller as a mortgagee loss payee

(b) Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property Buyer shall pay any deficiency within 30 days after notice from Seller Buyers failure to pay the deficiency will be a default under the deed of trust Buyer is not requiredto deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder The casualty insurance must name Seller as a mortgagee loss payee

(3) PRIOR LIENS Any default under any lien superior to the lien securing the Note will be a default under the deed of trust securing the Note

Buyer Seller

Buyer Seller

The form of this contract has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms TREC forms are intended for use only by trained real estate license holders 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 PO Box 12188 Austin TX 78711-2188 512-936-3000 (httpwwwtrectexasgov) TREC No 26-7 This form replaces TREC No 26-6

TREC NO 26-7

aceshkerceshkercom
Line
aceshkerceshkercom
Line
aceshkerceshkercom
Line

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Agreement to Assign Contract for Sale and Purchase

Page 1 of 2

Date ___________________________________________________________________________

Seller(s) ___________________________________________________________________________

BuyerAssignor _____________________________________________________________________

Assignee _____________________________________________________________________

Subject Property _____________________________________________________________________

Legal Description _____________________________________________________________________

This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the above referenced SUBJECT PROPERTY Whereas BUYER has entered into a Purchase and Sales Agreement with SELLER(S) for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign its

rights interests and obligations in the Purchase and Sales Agreement therefore FOR VALUE RECEIVED the

undersigned ASSIGNOR hereby assigns transfers and sets over to (ASSIGNEE) all rights title and interest held by the Assignor in and to the above described property therefore it is hereby agreed between ASSIGNOR and ASSIGNEE as follows

ASSIGNEE understands the ASSIGNOR does not have a vested interest in the Subject Property and is only assigning hisherits contractual and equitable interest in the Subject Property

1 ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $_________________ payable at time of signing of this this agreement and $________________ payable at time of closing of the

transaction

2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts all terms and conditions of the contract for Sale and Purchase between BUYER and SELLER in its entirety

3 ASSIGNEE acknowledges receipt of legible copies of the original Contract for Sale and Purchase in its entirety including all Addendum(s) associated with this transaction

4 The ASSIGNOR warrants and represents that said contract is in full force and effect and is fully assignable The Assignee hereby assumes and agrees to perform all the remaining and executory obligations of the Assignor under the contract and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance by the Assignee

5 The ASSIGNOR further warrants that it has full right and authority to transfer said contract and that the contract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall be

binding upon and inure to the benefit of the parties their successors and assigns

6 ASSIGNOR and ASSIGNEE agree to utilize the services of the closing agent designated by the ASSIGNOR ASSIGNEE must close the transaction on or before the date written in the Purchase and Sales Agreement Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In addition ASSIGNEE will still be liable for any losses in profits caused by the failure of ASSIGNEE to close the transaction

7 This assignment is contingent on SELLER(S) providing clear and marketable title to ASSIGNEE prior to the closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be released from this assignment and ASSIGNOR agrees to refund any and all assignment fees paid by the ASSIGNEE

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Agreement to Assign Contract for Sale and Purchase

Page 2 of 2

8 In the event that ASSIGNEE fails to close this transaction on time or is in default of this agreement the ASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in default wherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) all right title and interest pursuant to the Real Estate Purchase Contract shall automatically revert to the assignor without notice

9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up to the closing date At closing the newly reduced price will be reflected on settlement statement The ASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS total purchase price shall remain the same

10 ASSIGNEE acknowledges receipt of legible copies of the original contract for sale and purchase in its entirety including all addendums associated with this transaction ASSIGNEE acknowledges that the property will be delivered without tenants in possession

11 Additional terms Disclosures and Acknowledgement amp Conditions of this Assignment are as follows

a) This assignment contract is NON-ASSIGNABLE without the express written consent of the ASSIGNOR No changes to the Purchase Contract can be made without written Consent of ASSIGNORBUYER

b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning this property Seller sells property as-is with no warranty of property conditions ASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of the subject property ASSIGNEE acknowledges and agrees that he or she is purchasing the property on an ldquoas-isrdquo basis and based on his or her own inspection investigation and evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLER or SELLERrsquoS agent(s) to investigate and report on

the condition of the property

c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR for the purchase of SUBJECT PROPERTY per the terms and conditions of ASSIGNORrsquoS contract to purchase the SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform any inspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEE is not relying upon or being represented by a REAL ESTATE BROKERAGE in this transaction ASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real Estate Brokerage in this transaction

AGREED ACCEPTED amp SIGNED this _______day of ______ 201__

X_______________________________________ X_________________________________________

Assignor _______________________________ Assignee _________________________________

Address _______________________________ Address __________________________________

CityStateZip ___________________________ CityStateZip ______________________________

Phone (s) _____________________________ Phone (s) ________________________________

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

BUYERrsquoS INFORMATION FORM

Buyer

If you will be obtaining a loan for the purchase of your new home please provide us with the contact information for yourLENDER

Name of Lender ______________________________________Contact Person ______________________________________Phone Number ______________________________________Email ______________________________________

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________Name of Agent ______________________________________Phone Number ______________________________________Policy Number ______________________________________

Please provide us with your marital status

As of today I am____ Unmarried____ Married to ___________ which marriage took place on ____________ (date)

Please provide us the name of the home warranty company and plan if applicableCompany__________________________________________OptionsPlan________________________________________

Please provide us with your contact info

Daytime Phone _________________________________

Please instruct as to where you want us to send documents and correspondence to you

Send to my email address only at__________________________________________

Send to my mailing address only at ________________________________________

Will everyone that is involved in the purchase of this property be present at closing ______

Please Note

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

For all funds due at closing Ceshker Group requires collected funds prior to wiring out any disbursements for the transaction Ifyou will be obtaining a loan for the purchase of your new home a settlement statement showing the amount of funds needed for closing will be prepared upon receipt of your lenderrsquos closing instructions Please be aware that a cashiers check whilemeeting the Texas regulatory definition of Good Funds may not be treated as collected funds for up to 3 business days Toensure prompt disbursement of funds from your transaction please wire all funds due to complete closing For yourconvenience we have included a copy of our wiring instructions

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

To help us more efficiently process and expedite your closing please provide the following informationwhich we pledge to keep private and confidential Please print as clearly as possible and email back tous

Property Address

Sellersrsquo Names

Marital Status of Seller(s) (please circle) Husband and Wife Married by not to each other Married Single

If there is more than one seller and they are not husband and wife please specify marital status of eachseller____________________________________________________________________________________

Sellersrsquo SSNs ______________________________ __________________________________

Sellerrsquos Forwarding Address ____________________________________Phone (s) _______________________________

Email Address ____________________________

For each mortgage on the subject property (including lines of equityHELOCs) please provide thefollowing info

1st Mortgage

Lenderrsquos Name____________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

2nd Mortgage

Lenderrsquos Name_______________________________________________________________________________Loan ___________________________________ Lenderrsquos Phone _____________________________

Homeowners Association managed by ________________________________________Phone_______________________

Will all sellers be present at the closing ___________

_________________________

SELLERrsquoS INFORMATION FORM

Ceshker Group - Law and Title Professionals13413 Galleria Circle Suite 120 Austin TX 78738

Office 512-306-0696 Fax 512-328-8268

I ___________________________ authorize Law Offices of T Alan Ceshker PC to obtainmortgage informationpayoff information on myour loan with the above referenced Mortgage Company

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

WRAP INFORMATION FORM - BUYER

Buyer

Name__________________________________________________________________

Address________________________________________________________________

Marital Status _____ Name of spouse ________________________________________

Real Estate Agent________________________________________________________

Property

Address_______________________________________________________________

_______________________________________________________________

Purchase Price_________________________________________________________

Down Payment_________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

Please provide us with the contact information for your HOMEOWNERS INSURANCE agent

Name of Company ______________________________________

Name of Agent ______________________________________

Phone Number ______________________________________

Policy Number ______________________________________

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

______________________________

BUYER

______________________________

BUYER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I BUYER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

WRAP INFORMATION FORM ndash SELLER

PLEASE SIGN AND RETURN THE ATTACHED AUTHORIZATION FORM

Name_________________________________________________________________

Social Security Number___________________________________________________

Real Estate Agent________________________________________________________

FORWARDING Address__________________________________________________

Please provide us with your marital status from date of acquisition of the Property to present

As of today I am Unmarried ____

Married to ___________ which marriage took place on ____________ (date)

From the day I acquired this property I was

____ Unmarried

____ Married to my Current Spouse _________________

____ Married to (name of spouse on date of acquisition if other than current

spouse)___________________________

____ Married to ______________________ which marriage terminated by

____ Death ___ divorce on ________________________( date)

If terminated by death please provide the name of county and state where will was

probated____________________ _____________________

If terminated by divorce please provide the name of county and state where divorce

decree is

filed____________________ _____________________

Is property Homestead or Investment ____________________________________________

_______ If Homestead have you owned the property for 2 years or more

Property

Address_______________________________________________________________

_______________________________________________________________

HOA

Name________________________________________________________________

Does Buyer Want HOA Documents (ie By Laws Covenants Restrictions) yes no

(there will be an additional charge for these items from the HOA)

The undersigned hereby requests and authorizes Texas Title Company (ldquoTitle Companyrdquo) to order a

Property Ownersrsquo Association resale certificate for the Property The fee for this resale certificate

will be paid for by the Seller as set forth in the Earnest Money Contract (ldquoContractrdquo) escrowed

with the Title Company for the referenced transaction

The Title Company will order the resale certificate as a courtesy only and makes no representation

or undertaking as to whether doing so is within Contract deadlines In no circumstance will the Title

Company be party to the Contract The undersigned agrees to make timely reimbursement to the

Company for any expense incurred in ordering the resale certificate in the event the transaction fails

to close

______________________________

SELLER

______________________________

SELLER

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

New Loan (Seller financing ndash IF NOT AN ASSUMPTION)

Monthly Payment______________________________________________________

Are Taxes Escrowed___________________________________________________

Length of Note________________________________________________________

Interest Rate__________________________________________________________

Interest Rate on Default_________________________________________________

Which Party is to Pay Attorney FeesClosing Costs___________________________

Current Mortgage Lien Holder 1st Lien

BUYER AND SELLER ARE RESPONSIBLE FOR CONFIRMING THE BALANCE OF THE

MORTGAGE COMPANY ESCROW ACCOUNT AND PROVIDE ANY NEEDED CORRECTIONS

TO THE BALANCE FOR INCLUSION ON THE SETTLEMENT STATEMENT

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE PROMISSORY NOTE THE

LATEST STATEMENT PAYOFF AND REINSTATEMENT if applicable)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

Are taxes and insurance escrowed_________________________________________

Name of Insurance Company_____________________________________________

Name of Insured_________________________________________________

The amount for which the Property is insured__________________________

Current Mortgage Lien Holder 2nd Lien (IF APPLICABLE

Name ______________________________________________________________

Address_____________________________________________________________

Phone_______________________________________________________________

Original Amount of Loan_______________________________________________

Date of Original Loan__________________________________________________

Payoff Amount (PLEASE FORWARD A COPY OF THE LATEST STATEMENT)

As of (date)____________________________________________________

Percentage Rate_________________________________________________

Monthly Payment_______________________________________________

Account Number________________________________________________

______________________________

SELLER

______________________________

SELLER

NOTE ONCE CLOSING DOCUMENTS ARE DRAFTED ALL ATTORNEYrsquoSDOC

PREPARATION FEES WILL BE INVOICED AND DUE - REGARDLESS OF FINAL

CLOSING OF THE TRANSACTION

I SELLER HAVE REVIEWED THE ABOVE AND AGREE TO ALL TERMS

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

WARNING

Loan Servicing Company

BOTH PARTIES ARE ADVISED TO USE A LOAN SERVICING COMPANY IN THE SAME

MANNER AS CONVENTIONAL MORTGAGES AND ARE ADVISED IF THEY DO NOT

CHOOSE TO USE A LOAN SERVICING COMPANY THEY ARE PLACING THEMSELVES AT

GREAT RISK A LOAN SERVICING COMPANY WILL DO ALL THE FUNCTIONS PROVIDED

FOR CONVENTIONAL MORTGAGES ISSUE LATE NOTICES ISSUE ACCELERATION

NOTICES ESCROW FUNDS FOR TAXES AND INSURANCE ISSUE PAYMENTS FOR

PROPERTY TAX AND INSURANCE RECEIVE PAYMENTS FROM THE BUYER ISSUE

PAYMENTS TO THE EXISTING LENDER SEND DEFAULT NOTICES ETC

Suggested Loan Servicing Company

Refinance of Mortgage Wrap

The natural end and goal of a mortgage wrap is the refinance of the underlying lien The buyer will

need to payoff the underlying lien before or at the maturity date for the mortgage wrap promissory

noteloan

It is suggested the buyer immediately meet with a mortgage lender to work towards qualifying for a

loan You can phone my office for referrals to lenders who are familiar with mortgage wrap refinances

If the buyer has credit problems it is suggested they visit with the following credit expert to gain

assistance in correcting the credit issues preventing them from qualifying for a loan

Eddie Johansson

NationalDallas Eddie Johansson

2245 Keller Way Suite 320

Carrollton Texas 75006

(214) 295-4459

FAX(214) 722-2136

httpwwwcreditsecuritygroupcompagesindexhtml

E-mail eddiecreditsecuritygroupcom

Mortgage Wrap Insurance Agent

Ben Archer

(512) 263-5565

Benarcherpocostatefarmcom

Mike Monzingo - Texas Independent Insurance

1420 W Exchange Pkwy Ste 130

Allen TX 75013

972-612-2393

Mikeknowyouragentcom

PLEASE REVIEW HOW TO HANDLE INSURANCE

IN THE WRAP FAQ DOCUMENT

Dan Francis512-731-4541Adminsafeloanservicingcom

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

TELEPHONE (512) 961-7848

LAW OFFICES OF T ALAN CESHKER

A PROFESSIONAL CORPORATION

ATTORNEY AT LAW

13413 GALLERIA CIRCLE SUITE 120

AUSTIN TEXAS 78738

FACSIMILE (512) 961-7849

Date _______________________

Authorization to Release Information

To Whom it May Concern

Dear SirMadam

Please note that I have retained the services of The Law Offices of T Alan Ceshker

I the undersigned request and authorize ____________________________________(the lender)

andor all of its agents and representatives to immediately discuss all aspects of the below referenced loan

with the Law Offices of T Alan Ceshker or any of its agents or representatives

Loan number __________________________

Borrower __________________________

Borrower __________________________

Address __________________________

__________________________

I hereby give my permission and this is your authority to permit my attorneyrsquos office named above

to examine make or be provided with copies of all documents that relate to my mortgage including but not

limited to my promissory note deed of trust mortgage payment history escrow statements forbearance

agreements and any other workout plans real estate contracts loan applications financing disclosures

settlement documents loan file legal records and insurance and financial records You are also hereby

authorized to discuss all aspects of my mortgage loan with my attorneyrsquos office

A photostatic copy facsimile of this Authorization shall be considered as effective and valid as the

original This Authorization is valid until withdrawn in writing

I do hereby indemnify and forever hold harmless the lendermortgage servicer from all actions and

causes of actions suits claims and attorney fees or damages against the lendermortgage servicer which I

andor my heirs may have resulting from the lendermortgage servicer discussing my loan account andor

providing any information concerning my loan account to the above named requestor or person identifying

themselves to be that requestor

AGREED TO AND APPROVED

______________________________________ ____________________________________

Printed Name Signature

______________________________________ ____________________________________

Printed Name Signature

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

NOTICE OF CONVEYANCE OF RESIDENTIAL PROPERTY

ENCUMBERED BY LIEN PURSUANT TO

TEXAS PROPERTY CODE SECTION 5016

WARNING ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT

MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW IF A LIEN IS

NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE

CONSENT OF THE LIENHOLDER IT IS POSSIBLE THAT THE LIENHOLDER

COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE

LIEN IMMEDIATELY YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR

FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY

_____________________________ Seller(s) hereby provides notice to ____________

________________________ as Purchaser(s) pursuant to Texas Property Code Section

5016 as follows The address of the property is _________________________________

________________________________________________________________________

and the legal description of the property in question is as follows

1 The name address and phone number of the lienholder against the Property is as

follows

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

2 The amount of the debt that is secured by the lien was created in the original principal

sum of $____________________on or about ____________________ ___________

The payoff balance as of ________________is $______________

3 The rate of interest of the debt secured by the Property is ______________

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

4 The monthly installment of the debt secured by the Property is $_________________

5 The account number for the debt secured by the Property is __________________

6 The lienholder has not consented to the transfer of the Property to ________________

________________________

7 For the existing insurance policy relating to the Property the following applies

a) The name of the Insurer is ____________________________

b) The name of the Insured is ____________________________________

c) The amount for which the Property is insured is $______________________

d) The Property that is insured is ________________________________

_________________ Texas __________________

8 The amount of any property taxes which are due and unpaid are $________________

The amount of the property taxes for the year 201__ were $__________________

Dated this the ______ day of __________________ 201__

By ___________________________

ltnamegt

Receipt of the above notification is acknowledged as of the _____ day of

_________________________ 201__

_____________________________

ltnamegt

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

WRAPAROUND ADDENDUM

TO RESIDENTIAL SALES CONTRACT

PROPERTY ___________________________________________________________

SELLER_______________________________________________________________

BUYER________________________________________________________________

This Wraparound Addendum modifies that certain residential sales contract (the

Contract) to which it is attached The terms and conditions of this Addendum shall

prevail over any conflicting terms and conditions contained in the Contract

Wraparound Transaction

The transaction contemplated by the Contract is a wraparound transaction Buyer will

take title subject to the existing indebtedness on the Property (the Wrapped

Indebtedness) Buyer will not assume the Wrapped Indebtedness via a qualified

assumption Seller will continue to be obligated to pay the Wrapped Indebtedness

according to its terms Buyer will execute a new note to the Seller (the Wraparound

Note) and sign a deed of trust to secure payment of this new note (the Wraparound

Deed of Trust) Buyer will make regular monthly payments pursuant to the terms of the

Wraparound Note Seller will continue to be obligated to make regular monthly payments

to the first-lien lender (the Wrapped Lender) on the Wrapped Indebtedness This

arrangement will continue until the maturity date of the Wraparound Note or the

refinance of all underlying liens The Wrapped Lender will not be advised of this

transaction

Wrapped Indebtedness (The existing note or notes on the Property)

A copy of the last statement on the Wrapped Indebtedness is attached

The Wrapped Lender [Check One] _____does [OR] _____does not collect an escrow for

taxes and insurance If there is an escrow held by the Wrapped Lender the monthly

escrow payment is $ ______________ and the approximate total amount in escrow as of

this date is $_______________

Page 1 of 4

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Representations and Disclosures of Seller

1 The Wrapped Indebtedness is (check one)

_________ paid current as of this date and is not otherwise in default The next

payment is due ________________________

_________ not current as payments for the months of

______________________ have not been made The loan is therefore behind in

the approximate total amount of $ ____________ including late fees

2 There are no other liens encumbrances or other indebtedness against or affecting

the Property whether recorded or not other than the Wrapped Indebtedness

Seller also warrants that there are no IRS liens ad valorem tax liens mechanicrsquos

liens or HOA liens (actual pending or threatened) that have attached or may

attach to the Property

3 The Property has the following defects and or needs the following repairs

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Obligations of Seller

1 Seller shall continue to have the obligation to timely and regularly pay the Wrapped

Indebtedness until same is fully discharged and a release of lien is obtained

2 Seller agrees to indemnify defend and hold Buyer harmless against any and all claims

that may arise from Sellerrsquos breach of or failure to perform Sellerrsquos covenants and

obligations under the Wrapped Indebtedness so long as Buyer is not in default under the

Note

3 Seller acknowledges that Buyer has a legitimate interest in insuring that the Wrapped

Indebtedness is timely paid and that same is not otherwise allowed to fall into default

Seller agrees to be responsive to requests from Buyer on this subject and from time to

time provide documentary verification to Buyer that payments are current on the

Wrapped Indebtedness

Page 2 of 4

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Default after Closing

In the event of Sellerrsquos default upon any of Sellerrsquos wraparound obligations Buyer may

intercede and cure Sellerrsquos default in order to prevent actual or threatened foreclosure

upon the Property as a result of Sellerrsquos default under any Wrapped Note If Seller cures a

default under any Wrapped Note Buyer shall receive credit on the Wraparound Note for

all amounts so paid as well as associated costs and attorneyrsquos fees if any without

necessity for written modification of the Wraparound Note

In the event of Buyer defaults on the Wraparound Note Seller may after notice accelerate

the wraparound debt and foreclose upon the Property as provided in the Wraparound

Deed of Trust

Notice Concerning Due on Sale Clause

The transaction contemplated in this contract involves transferring title to the Property

without consent of the lender Firstly transfer of title conveys an ownership interest only

and does not relieve the Seller from liability to pay the note Secondly all parties declare

they are aware that the Sellers deed of trust contains a due-on-sale clause which

permits the lienholder to declare the Sellers note due and payable in the event the

property is transferred or sold Closing this transaction creates a risk that the lienholder

may exercise its election to declare the note due and payable This may occur It may not

No party is entitled to make any assumptions concerning this If the Wrapped Lender(s)

calls the Wrapped Note(s) due Buyer may have only a short time to pay it If the

Wrapped Indebtedness is not paid in full upon demand the property may be foreclosed

upon and Seller may suffer damage to Sellers credit rating

Special Provisions Relating to this Wrap

If the Wrapped Lender notifies the parties of the intent to accelerate the note based on the

due on sale clause of the deed of trust Grantor will sign all required documents

including a lease purchase option agreement a general warranty deed and etc to convey

the property to Seller for a period not to exceed 180 days After 180 days or before

Seller will execute a general warranty deed conveying the property back to Buyer

During the period of time of temporary ownership by Seller Buyer agrees to issue

payments as agreed upon in the Note and Seller will have no obligation to issue payment

to the Wrapped Lender (other than as specified in the original agreement between Buyer

and Seller)

Consult an Attorney

If you have questions concerning this Addendum consult your attorney before signing

This Addendum is not for use by TREC licensees unless prepared by an attorney

EFFECTIVE on the Effective Date of the Contract regardless of signature date

Page 3 of 4

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

BUYER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

SELLER

_______________________________ _________________

SIGNATURE Date Signed

_______________________________ _________________

SIGNATURE Date Signed

Page 4 of 4

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

NOTICEDISCLOSURE REGARDING WRAP TRANSACTIONS

Buyer and Seller (ldquoPartiesrdquo) hereby acknowledge receipt of notice and disclosure

that The Law Offices of T Alan Ceshker PC __________________________ and

___________________________ (ldquoBrokersrdquo) have advised the Parties to seek legal

advice and have their respective attorneys review this transaction and review all

documents provided to the Parties for the purpose of entering into this transaction and

any and all documents drafted to facilitate the transaction and the closing of same A

wrap transaction and the documents required for a wrap transaction are complicated and

should be reviewed by an attorney (ie the wrap note wrap deed of trust the wrap deed

the wrap disclosures insurance coverage loan servicing loan amortization etc)

The Parties hereby acknowledge receipt of notice and disclosure that the Brokers

are not attorneys and have not provided any legal advice regarding the wrap transaction

or the wrap documents The Law Offices of T Alan Ceshker PC do not represent the

Buyer or Seller in this transaction The Parties hereby acknowledge receipt of notice and

disclosure that the Brokers have advised the Parties that there is likely a ldquodue on salerdquo

clause or term to the underlying loan agreement regarding the subject property to be

soldpurchased and this clause is triggered by the wrap transaction Again the Parties are

advised to seek independent legal counsel to detail the consequences of violating this

term of the underlying loan agreement

The Parties hereby acknowledge receipt of notice and disclosure that entering into

a wrap transaction may have a negative impact on the Sellerrsquos ability to obtain a

mortgage loan or other loans in the future The Parties hereby acknowledge that the

Brokers do not recommend entering into a wrap transaction without seeking independent

legal advice and direction as to whether or not to enter into a wrap transaction

The Parties hereby release the Brokers of any and all claims known and

unknown that the Parties have or may acquire regarding this wrap transaction and the

Partiesrsquo signing of the wrap transaction documents

___________________________

Buyer

___________________________

Buyer

___________________________

Seller

___________________________

Seller

Page 1 of 1

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

INSURANCE REFERRALS

Austin

Ben Archer State Farm Insurance Agent

12117 Bee Caves Rd Bee Cave TX 78738 Phone (512) 263-5565

benarcherpocostatefarmcom

Outside of Austin Mike Monzingo

Texas Independent Insurance 1420 W Exchange Pkwy Ste 130 Allen TX 75013

972-612-2393 Mikeknowyouragentcom

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

LOAN SERVICING REFERRALS

Dan Francis Safe Loan Servicing PO Box 434 Kyle TX 78640 Office (512) 213-0195 Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

GF

Date of Closing

HEIRSHIP QUESTIONNAIRE

This Questionnaire is designed to aid in collecting the information typically needed to complete an Heirship Affidavit

Please answer ALL questions clearly and completely Provide FULL names when responding Information provided in

this questionnaire may be used by an attorney to prepare a legal document Use the back of this form if additional space is

necessary to complete an answer Please refer to the question number

1 Person Giving Affidavit

Address

Relationship to Decedent

2 Provide names of 2 disinterested witnesses that will sign final affidavit verifying that Affiantrsquos statements in

Affidavit are true (witnesses need not sign this questionnaire)

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

Name

Address Relationship to

Decedent

Number of years witness knew Decedent

3 Full Legal Name of Decedent

AKArsquos amp other names used by

Decedent

4 Social Security of Decedent

5 Decedents Age at Death Date of Death

6 County amp State where Decedent resided at the time of death

7 County amp State where Decedent died

8 Attach copy of Death Certificate

9 Did Decedent have a will (if no skip to 9)

Is copy of will available (if yes attach copy to this form)

If it isnt available explain why not (lost destroyed etc)

10 Has there been any probate or administration filed with respect to Decedents Estate

If yes County amp State where filed Cause No

11 Marriages

Complete the following listing all spouse(s) addresses and the dates and places of the respective marriage(s)

Never married

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

First Marriage

Spousersquos name

Date and place of first marriage

Date amp reason for termination of first marriage (ie death divorce)

Place of termination of first marriage

Second Marriage

Spousersquos name

Date amp place of second marriage

Date amp reason for termination of second marriage (ie death divorce)

Place of termination of second marriage

Third Marriage

Spousersquos name

Date amp place of third marriage

Date amp reason for termination of third marriage (ie death divorce)

Place of termination of third marriage

12 Children

List all children of Decedent whether living or deceased (including adopted children or children taken into

Decedentrsquos home)

Children of First Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Second Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Children of Third Marriage

(1) Name of first child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

(4) Name of fourth child

Date amp Place of birth

Born of the Marriage Adopted

Current Address

Living Deceased If so when and where

Any children born to Decedent outside of marriage

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

13 If any child of Decedent is deceased please provide the following information (note date of death is important

information in determining whether child predeceased Decedent)

Deceased children

(1) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of deceased child

Date amp Place of death

Name and address of deceased childrsquos surviving spouse

Spousersquos Address

Deceased childrsquos children

(1) Name of first child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(2) Name of second child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

(3) Name of third child

Date amp Place of birth

Name and address of other parent

Adopted

Current Address

Living Deceased If so when and where

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

debts If yes list all debts (dont include loans secured by recorded liens against the property that are being paid

at closing attach additional page if necessary)

adopted by either parent

County and State where parents died current address for parents (if living) and the names of the children born to or

15 If NO surviving spouse children or any other descendants exist list Decedents parents their dates of death

17 Are there any outstanding unpaid debts of Decedents estate such as funeral doctor or hospital bills or any other

13 Marital status of Deceaseds children

Married _____________________________________________________________

Name of Spouse ______________________________________________________

Date Married _________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(2) Name of child ____________________________________________________________

(3) Name of child ____________________________________________________________

(4) Name of child ____________________________________________________________

(1) Name of child ____________________________________________________________

Date Married _________________________________________________________

Name of Spouse ______________________________________________________

Married _____________________________________________________________

(5) Name of child ____________________________________________________________

Creditor Amount

$

$

$

16 What was estimated value of Decedents estate as of the date of death $

DATED

AFFIANT (PERSON PROVIDING INFORMATION AND WHO WILL BE PRIMARY SIGNATORY ON THE

HEIRSHIP AFFIDAVIT)

Printed Name

18 Was decedent receiving Medicaid benefits for health care services prior to death Yes ______ No _______ Dont know ______

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

AFFIDAVIT OF HEIRSHIP

TO BE COMPLETED BY ATTORNEY ONLY

STATE OF TEXAS __________sect

COUNTY OF _______________sect

Date

Deceased

Property

[First] Spouse

[Second etc Spouse]

Affiant

Affiant on oath swears that the following statements are true

Affiant makes this affidavit of heirship in connection with the death and heirship of

Deceased and particularly in connection with the property

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING

INFORMATION AS POSSIBLE

1 County of Deceaseds residence

2 Affiants relationship with Deceased

3 Facts indicating knowledge of matters relating to heirship such as number of years and

capacity in which Affiant knew Deceased

4 Nature and extent of knowledge of births marriages divorces and deaths relating to

heirship of Deceased

THEN CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________

Deceased died on _________________ at _________________ at age ____________ a

resident of _______________________ without leaving a will Affiant knows of no

completed pending or contemplated administration of the estate

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Deceased was [never] married [only once] [twice three times etc]

IF DECEASED WAS EVER MARRIED THEN SUPPLY THE FOLLOWING FACTS

FOR EACH MARRIAGE

1 Full name of spouse

2 Date and place of marriage

3 Whether marriage continued until Deceaseds death or was terminated before that

death if terminated state whether by

a Divorce (giving date place court style and case number) or

b Death of spouse (giving date and place)

4 Number of children born to marriage number of children adopted during marriage and

number of persons taken into the home of Deceased with the understanding of adoption

(if there are none in any or all of those three categories state so affirmatively)

5 For each child still living the full name birth date birthplace marital status (with

spouses name if married) and residence address

6 For each child not still living the full name birth date birthplace date of death legal

residence at date of death and existence or non-existence of a will (if a will exists state

whether it has been probated if probated state the name and location of the court and the

style and number of the case if there is no will execute a separate complete affidavit of

heirship for the deceased child or incorporate into this affidavit of heirship all the facts

making up an affidavit of heirship for the deceased child)

THEN CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to

Deceased while married or outside of marriage (2) adopted by Deceased or (3) taken

into the home of Deceased with the understanding of adoption

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF

DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children grandchildren or other direct descendants other than those named in this

affidavit of heirship were (1) born to (either while married or outside of marriage) (2)

adopted by or (3) taken into the home[s] of the deceased child[ren] of Deceased

CONTINUE WITH THE FOLLOWING

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

Deceaseds estate consists [solely] of Deceaseds community one-half interest in the

community property of Deceased and [Second etc] Spouse [and separate property if

any] The gross value of Deceaseds estate as defined for federal estate tax purposes to

include all real estate stocks bonds mortgages notes cash life insurance on Deceaseds

life jointly owned property transfers during Deceaseds life powers of appointment

annuities cash surrender value on life insurance owned by Deceased and other tangible

and intangible assets does not exceed [THE AMOUNT OF THE FEDERAL ESTATE

TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH] Filing is not

required for any federal estate tax return or state inheritance tax return and no federal

estate taxes or state inheritance taxes are due on Deceaseds estate

All debts of the estate [eg other than a purchase-money lien against the property] have

been paid There has been no probate administration of Deceaseds estate To Affiants

best knowledge information and belief the estate requires no administration Affiant

does not intend to seek any administration and knows of no administration proceedings

contemplated by others

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceaseds death

and it continues to be Affiants homestead

To the best of Affiants knowledge after March 1 2005 Decedent did not apply for

receive or have paid on Decedents behalf any Medicaid benefits for nursing or other

health care services

_______________________________________

Affiant

Type or Print Name ____________________

STATE OF TEXAS __________sect

COUNTY OF ________________sect

This instrument was acknowledged before me on _______________________ by

____________________________

____________________________________

Notary Public State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________

on ____________________________

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off

____________________________________

Notary Public State of Texas

No guidelines are available for this form at this time

  • 2a Loan Assumption Addendumpdf (p21-22)
  • 3 Assignment of Contract Agreementpdf (p25-26)
  • 4 Buyer Information Letterpdf (p27)
  • 5 Seller Information Sheetpdf (p28)
  • 8 5016 Notice Disclosurespdf (p35-36)
  • 9 Wrap Addendum Notice Disclosurespdf (p37-41)
  • 10 Insurance Referralspdf (p42)
  • 11 Loan Servicing Referralspdf (p43)
  • 12 Office Locationspdf (p44-45)
      1. 1 PARTIES The parties to this contract are
      2. Seller and
      3. A LAND Lot
      4. Block
      5. undefined
      6. Addition City of
      7. County of
      8. Texas known as
      9. be removed prior to delivery of possession
      10. undefined_2
      11. undefined_3
      12. Third Party Financing Addendum Off
      13. Loan Assumption Addendum Off
      14. Seller Financing Addendum Off
      15. undefined_4
      16. undefined_5
      17. writing before entering into a contract of sale Disclose if applicable
      18. undefined_6
      19. undefined_7
      20. as earnest money with Ceshker Group - Law and Title Professionals
      21. at 13413 Galleria Circle Suite 120 Austin Texas 78738
      22. additional earnest money of
      23. with escrow agent within
      24. Sellers Off
      25. Buyers expense an owner policy of title Off
      26. insurance Title Policy issued by Capital Title
      27. Initialed for identification by Buyer
      28. undefined_8
      29. and Seller
      30. undefined_9
      31. Contract Concerning
      32. i will Off
      33. ii will be amended to read Off
      34. Buyer Off
      35. Seller Off
      36. 1Within Off
      37. and Title Company Sellers existing survey of the Property and a Residential Real Property
      38. Sellers_2 Off
      39. Buyers expense no later than 3 Off
      40. 2Within Off
      41. survey at Buyers expense Buyer is deemed to receive the survey on the date of actual
      42. 3Within Off
      43. Text18
      44. or activity
      45. Text19
      46. is Off
      47. is not Off
      48. Initialed for identification by Buyer_2
      49. undefined_10
      50. and Seller_2
      51. undefined_11
      52. Contract Concerning_2
      53. Initialed for identification by Buyer_3
      54. undefined_12
      55. and Seller_3
      56. undefined_13
      57. Contract Concerning_3
      58. 1 Buyer has received the Notice Off
      59. 2 Buyer has not received the Notice Off
      60. Within
      61. 3The Seller is not required to furnish the notice under the Texas Property Code Off
      62. 1 Buyer accepts the Property As Is Off
      63. 2 Buyer accepts the Property As Is provided Seller at Sellers expense shall complete the Off
      64. following specific repairs and treatments
      65. undefined_14
      66. in an amount not exceeding
      67. Initialed for identification by Buyer_4
      68. undefined_15
      69. and Seller_4
      70. undefined_16
      71. Page 5 of 9
      72. 20
      73. or within 7
      74. upon Off
      75. according to a temporary residential lease form promulgated by TREC or other written Off
      76. Text5 This is a wrap-around finance closing and existing mortgageloan will not be paid off at time of closing In addition the existing deed of trust has a due on sale clause
      77. onehalf of escrow fee and other expenses payable by Seller under this contract
      78. inspection underwriting fee wire transfer fee expenses incident to any loan Private
      79. and Seller_5
      80. undefined_17
      81. undefined_18
      82. Contract Concerning_4
      83. Initialed for identification by Buyer_5
      84. undefined_19
      85. and Seller_6
      86. undefined_20
      87. Contract Concerning_5
      88. undefined_21
      89. undefined_22
      90. undefined_23
      91. undefined_24
      92. Text1
      93. Text2
      94. Text3
      95. Text4
      96. Text6
      97. Text7
      98. Text8
      99. Text9
      100. Email
      101. Email_2
      102. Third Party Financing Addendum_2 Off
      103. Environmental Assessment Threatened or Off
      104. Seller Financing Addendum_2 Off
      105. Addendum for Property Subject to Off
      106. Sellers Temporary Residential Lease Off
      107. Short Sale Addendum Off
      108. Buyers Temporary Residential Lease Off
      109. Addendum for Property Located Seaward Off
      110. Loan Assumption Addendum_2 Off
      111. Addendum for Sellers Disclosure of Off
      112. Addendum for Sale of Other Property by Off
      113. Addendum for Reservation of Oil Gas Off
      114. Addendum for Property in a Propane Gas Off
      115. Addendum for BackUp Contract Off
      116. Other list Off
      117. System Service Area
      118. Addendum for Coastal Area Property Off
      119. undefined_26
      120. Initialed for identification by Buyer_6
      121. undefined_25
      122. and Seller_7
      123. undefined_27
      124. Contract Concerning_6
      125. acknowledged by Seller and Buyers agreement to pay Seller
      126. terminate this contract by giving notice of termination to Seller within
      127. will Off
      128. will not be credited to the Sales Price at closing Time is of the Off
      129. Attorney is
      130. Attorney is_2
      131. undefined_28
      132. undefined_29
      133. Text10
      134. Text11
      135. Text12
      136. Text13
      137. Text14
      138. Text15
      139. Text16
      140. Text17
      141. Email_3
      142. Email_4
      143. EXECUTED the
      144. day of
      145. 20_2
      146. Address of Property
      147. Other Broker Firm
      148. License No
      149. Listing Broker Firm
      150. License No_4
      151. Buyer only as Buyers agent Off
      152. Seller and Buyer as an intermediary Off
      153. Seller as Listing Brokers subagent Off
      154. Seller only as Sellers agent Off
      155. Associates Name
      156. License No_2
      157. Listing Associates Name
      158. License No_5
      159. Licensed Supervisor of Associate
      160. License No_3
      161. Licensed Supervisor of Listing Associate
      162. License No_6
      163. Other Brokers Address
      164. Fax
      165. Listing Brokers Office Address
      166. Fax_2
      167. City
      168. State
      169. Zip
      170. City_2
      171. State_2
      172. Zip_2
      173. Associates Email Address
      174. Phone
      175. Listing Associates Email Address
      176. Phone_2
      177. Selling Associates Name
      178. License No_7
      179. Licensed Supervisor of Selling Associate
      180. License No_8
      181. Selling Associates Office Address
      182. Fax_3
      183. City_3
      184. State_3
      185. Zip_3
      186. Selling Associates Email Address
      187. Phone_3
      188. fee is received Escrow agent is authorized and directed to pay other Broker from Listing Brokers fee at closing
      189. Receipt of
      190. is acknowledged
      191. Seller or Listing Broker
      192. Date
      193. Contract and Off
      194. undefined_30 Off
      195. Earnest Money in the form of
      196. CONTRACT AND EARNEST MONEY RECEIPT
      197. Escrow Agent
      198. Date_2
      199. By 1
      200. Email Address
      201. By 2
      202. Phone_4
      203. undefined_31
      204. City_4
      205. State_4
      206. Zip_4
      207. Fax_4
      208. undefined_32
      209. Seller within
      210. credit report Off
      211. verification Off
      212. verification of funds on deposit in financial institutions Off
      213. current financial statement and Off
      214. Buyer hereby
      215. authorizes any credit reporting agency to furnish copies of Buyers credit
      216. C PROMISSORY NOTE The promissory note in the amount of
      217. of
      218. 1 In one payment due Off
      219. with interest payable
      220. at maturity Off
      221. monthly Off
      222. quarterly check one box only Off
      223. 2 In monthly installments of Off
      224. including interest Off
      225. plus interest check Off
      226. one box only beginning
      227. monthly thereafter for
      228. 3 Interest only in monthly installments for the first Off
      229. months and thereafter in
      230. installments of
      231. including interest_2 Off
      232. plus interest check one box Off
      233. only beginning
      234. thereafter for
      235. a Consent Not Required The Property may be sold conveyed or leased without the Off
      236. b Consent Required If all or any part of the Property is sold conveyed leased for a Off
      237. Address of Property_2
      238. a Escrow Not Required Buyer shall furnish Seller before each years ad valorem taxes Off
      239. b Escrow Required With each installment Buyer shall deposit in escrow with Seller a pro rata Off