·\ . ') ,-' f-' '>--1 rkA. Hipes ' Texas Certification No. TX-1321416-G 12 ADDENDUM Assumptions & Limiting Conditions Qualifications of Mark A Ripes ASSUMPTIONS AND LIMITING CONDITIONS (Read Carefully) The following assumptions and limiting conditions are attached to and are made a part of this Appraisal (the "Appraisal") of the subject property (the "Property") described in this Appraisal ("Appraisal") made by Hipes & Associates (the "AppraIser") at the request of the person or entity (the Beneficiary') to whom and for whose exclusive use this Appraisal was prepared and delivered; and, this AppraIsal is made by the Appraiser and accepted by the Beneficiary subject and strictly according to the within assumptions and limiting conditions: 1. That legal and equitable title to the Property is good and merchantable and that title is held by the owner ("Owner") of the Property in fee simple absolute forever, unless otherwise agreed by the Appraiser in writing. (No responsibility is assumed for matters legal or chance, nor is any opinion rendered as to the title to the Property. The possible existence of any disputes, suits, assessments, claims, liens or encumbrances has been disregarded, and the Property is appraised as though free and clear.) 2. That no survey of the Property has been made by the Appraiser and no responsibility is assumed in connection with any matters that may be disclosed by a current perfect survey of the Property. (Dimensions and areas of the Property and comparables were obtained by various means including estimate and are not represented or guaranteed to be exact.) 3. That allocations of value between land and improvements are applied only under the current program of occupancy and utilization, and are not made or intended to be used in conjunction with any other appraisal and, if so used, are invalid. 4. That all information contained in this Appraisal is private and confidential and is submitted strictly for the sole use of the Beneficiary; and, no other person or entity is entitled to read, use or rely upon the contents thereof. (Possession of the Appraisal or any copy thereof, does not carry with it the right of publication or use. The AppraIser will not be required to give any testimony or appear in any court or other proceeding by reason of making or delivering the Appraisal without the prior written approval of the Appraiser.) 5. That all information and comments pertaining to the Property and other properties is the personal opinion of the Appraiser formed after examination and study of the Property and its surroundings; and, although it is believed that the information, estimates and analyses contained herein are correct, the Appraiser does not warrant or guarantee them, and assumes no liability for errors in fact, analysis or judgement. (Any misinformation about the Property furnished to the Appraiser by the Beneficiary, at the option of the Appraiser, may release the Appraiser from any liability and invalidate the Appraisal.) 6. That all opinions of value contained in the Appraisal are merely estimates. (There is no warranty or guarantee, written or implied, made by the Appraiser that the Property is worth or will sell for the appraised value now or ever.) 7. That disclosure of the contents of this Appraisal is governed by the Uniform Standards of Professional Appraisal Practice, and that, in addition, neither all nor any part of the contents of this Appraisal (especially any conclusions of value, the identity of the Appraiser, shall be disseminated to the public through reports, proposals, brochures or any other means of communication without the prior written consent and approval of the Appraiser. BENEFICIARY WILL NOT CAUSE, SUFFER OR PERMIT ANY PUBLIC DISSEMINATION OF THIS APPRAISAL TO OCCUR AND, BY ACCEPTING THIS APPRAISAL, BENEFICIARY INDEMNIFIES APPRAISER AGAINST ANY LOSS, COST, LIABILITY, DAMAGE OR CLAIM INCURRED WTIHOUT REGARD TO FAUT BY APPRAISER ARISING IN CONNECTION WTIH ANY SUCH UNAU1HORIZED DISCLOSURE BY BENEFICIARY. 8. That there are no latent defects or any hidden or any unapparent conditions of the Property, subsoil, or structures which would render the Property more or less valuable. (No responsibility is accepted or assumed by Appraiser for any such conditions or for analyses or engineering which may be required to discover them.) 9. That no environmental impact or environmental condition studies were either requested or made in conjunction with this Appraisal unless otherwise agreed by Appraiser in writing and shown in the Appraisal and the Appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions included in this Appraisal based upon any subsequent environmental impact or environmental condition studies, research, revelation or investigation. (In particular, unless otherwise agreed by Appraiser in writing, and shown in this 􀁁􀁰􀁰􀁲􀁡􀁩􀁳􀁡􀁾􀀠 this Appraisal/Appraiser assumes that no violations of any environmental, or other, laws affecting the Property are pending or threatened against the Property and that no toxic waste, hazardous materials or dangerous substances have ever been stored, used, produced, maintained, dumped or located on or about the Property.) 10. That the value of the Property is estimated on the basis that there will be no international or domestic 􀁰􀁯􀁬􀁩􀁴􀁩􀁣􀁡􀁾􀀠economic, or other adverse conditions or any military or other conflicts including strikes and civil disorders that will seriously affect overall real estate values. 11. That Beneficiary understands that the real estate values are influenced by a large number of external factors, that the data contained in the Appraisal is all of the data that Appraiser considered necessary to support the value estimate and that the Appraiser has not knowingly withheld any pertinent facts; and, Beneficiary has been advised and agrees that the Appraisal does not warrant, represent or guarantee that Appraiser has knowledge or appreciation of all factors which might influence the value of the Property. 12. That due to the rapid changes in external factors affecting the value of the Property, Appraiser's value conclusions are considered reliable only as of the date of the Appraisal 13. That on all appraisals made subject to satisfactory construction, repairs, or alterations of improvements, the Appraisal and value conclusions are contingent upon completion of such work on the improvements in a good and workmanlike manner, without dispute, per plans, in code, as agreed and within a reasonable period of time. 14. That the value estimate of the Property assumes financially and otherwise responsible ownership and competent management of the Property. 15. That the Appraisal consists of trade secrets and commercial or financial information which is privileged and confidential and exempted from disclosure under 5 U.S.C. 533 (b) (4). (please notify Hipes and Associates of any request for any reproductions of this Appraisal) 16. That accurate estimates of costs to cure deferred maintenance are difficult to make or assess and that many different approaches or arrangements can be attempted or applied in various ways. (Any estimates provided within this Appraisal represent reasonably probably costs given current market conditions, available information and the Appraiser's expertise. Further deferred maintenance affecting the Property is considered to be limited to only those items, if any specified in detail, in the Property section of this Appraisal. 17. That the existence of potentially hazardous materials used in the construction or maintenance of the Property such as urea-formaldehyde foam insnlation, asbestos in any form, and/or other dangerous substances or materials on the Property, has not been considered, unless otherwise shown in the Appraisal. (The Appraiser is not qualified to detect such material or substances and it is the responsibility of the Beneficiary to retain an expert in this field, if desired.) 18. That the liability of the Appraiser and its officer, directors and employees, agents, attorneys and shareholders is limited to the fee collected for preparation of the Appraisal. (Appraiser has no accountability or liability to any third party, except as otherwise agreed in writing by Appraiser and such other party.) 19. That any projected potential gross income of the Property referred to in the Appraisal may be based on lease summaries provided by the Beneficiary, Owner or third parties and Appraiser has not reviewed lease documents and assumes no responsibility for the authenticity, accuracy or completeness of lease information provided by others. (Appraiser suggests that legal advice be obtained regarding the interpretation of the lease provisions and contractual rights of parties under Leases.) 20. That Beneficiary and any party entitled to read this report will consider the Appraisal as only one factor together with many others including its own independent investment considerations and underwriting criteria or or other observations, concerns or parameters in formulating its overall investment or operating decision. In particular, Appraiser assumes that the Beneficiary has made/obtained, relied upon and approved the following, none of which was furnished by Appraiser unless otherwise agreed by Appraiser in writing, to wit: a. current survey of the Property showing boundary, roads, flood plains, utilities, encroachments, easements, etc.; b. current title report of the Property with legible copies of all exceptions to title; c. any needed soil tests, engineer's reports and legal and other expert opinions; d. abstract or other report of environmental conditions or hazards affection the Property; e. current visual inspection of the Property and adequate study of its use, occupancy, history, condition and fitness for the purpose of underlying Beneficiary's request for this Appraisal; f. copies of current insurance policy, tax statements, contracts, leases and notices affecting the Property; g. any needed estoppel certificates of tenants, mortgagee's or others claiming any interest in the Property; h. reports/opinions of Beneficiary's staff, contacts, agents and associates; and 1. Owner's experience with the Property. 21. That Appraiser's projections of income and expenses are not predictions of the future; rather, they are the Appraiser's best estimates of current market thinking about future income and expenses. (The Appraiser makes no warranty or guaranty that Appraiser's projections will succeed or materialize. The real estate market is constantly fluctuating and changing. It is not the Appraiser's task to predict or in any way forecast the conditions of a future real estate market; the Appraiser can only reflect, without warranty what the investment community, as of the date of the Appraisal, envisions for a particular time without assurances in terms ofrental rates, expenses, capital, labor, supply, demand, ecology, etc.) 22. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. I (we) have not made a specific compliance survey and analysis of this Property to detenn1ne whether or not it is in conformity with the various detailed requirements of the ADA It is possible that a compliance survey of the Property, together with a detailed analysis of the requirements of the ADA, could reveal that the Property is not in compliance with one or more of the requirements of the Act. Ifso, this fact could have a negative effect upon the value of the property. Since I (we) have no direct evidence relating to this issue, I (we) did not consider possible non-compliance with the requirements of ADA in estimating the value of the Property. Special Note: This may not be adequate if "readily achievable" barrier removal items are obvious and should have been identified. MARK A. HIPES Qualifications Location of Office 7557 Rambler Road, Suite 260, LB 25, Dallas, Texas 75231 Education Southern Methodist University • Bachelor of Business Administration -Quantitative Analysis * Master of Business Administration -Finance Texas Real Estate Broker License -License No. 388907-26 Texas State Certified General Real Estate Appraiser -License No. TX-1321416-G Appraisal Courses. Seminars American Institute of Real Estate Appraisers * Course ITa -Case Studies in Real Estate Valuation * Course lib -Valuation Analysis & Report Writing Society of Real Estate Appraisers * Course 101 -Principals of Real Estate Appraisal * Course 201 -Income Property Valuation * Course R2 -Report Writing Standards of Professional Practice Various Seminars on Valuation & Litigation EJ!Perience fY2/87 to Present Hipes & Associates Independent Real Estate Appraiser 03{79 to 02/87 Dallas County Department of Public Works Eminent Domain Appraiser 09/71 to 03{79 Self Employed Financial AnalysislReal Estate Analysis Analysis Types of Properties Appraised Regional Malls Industrial/Manufacturing Automcbile Dealerships Shopping Centers Apartments Hospitals Office FarmsIRanches Railroads OfficeIWarehouses Proposed Developments Churches Service Stations Educational Facilities Airports All types of commercial/industrial properties and a variety of special use properties. Extensive work in Eminent Domain & other forms of litigation valuation Qualified as an "Expert Witness" in County, District, & Federal Courts BOUNDARY DESCRIPTION BEING a tract of land situated in the Robert Wilburn Survey, Abstract No. 1580 in Dallas County, Texas and also being part of City Block 8707 in the City of Dallas, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1" iron rod found for corner at the intersection of the south line of Keller Springs Road (a variable width right-of -way) with the east line of Dallas Parkway (a variable width right-of-way); THENCE N. 44'44'52" E., 15.73 feet along the said south line of Keller Springs Road to a 1" iron rod found for corner; THENCE N. 89'06'30" E., 28.30 feet continuing along the said south line of Keller Springs Road to a W' iron rod set for corner; THENCE S. 00'46'00" E., 5.00 feet leaving the said south line of Keller Springs Road to a W' iron rod set for corner; THENCE S. 89"06'30 11 W,! 6.93 feet to a 􀁾􀀱􀁉􀀠 iron rod ,set for corner; THENCE S. 44'48'37" W., 32.09 feet to a W' iron rod set for corner; THENCE S. 00' 23' 14" W., 303.27 feet to a W' iron rod set for corner, said point being the beginning of a curve to the left having a central angle of 02'54'52" a radius of 1125.92 feet and a chord bearing of S. 01'04'12" E.; THENCE along said curve 57.27 feet to the end of said curve, a W' iron rod set for corner, said point being the beginning of a curve to the right having a central angle of 01'10'39" a radius of 2000.00 feet and a chord bearing of S. 01'56'19" E.; THENCE along said curve 41.10 feet to the end of said curve, a '»" iron rod set for corner, said point being the beginning of a curve to the left having a central angle of 13'05'21" a radius of 970.00 feet and a chord bearing of S. 07°53'40" E.; THENCE along said curve 221.60 feet to the end of said curve, a )!I" iron rod set for corner, said point being on the said east line of Dallas Parkway, said point also being in a curve to the left running in a northerly direction and having a central angle of 00'36'33" a radius of 1442.39 feet and a chord bearing of N. 14'44' 37 11 W.; THENCE along said curve, and along the said east line of Dallas Parkway, 15.33 feet to the end of said curve a 1" iron rod ,,' found for corner, said point being the beginning of a curve to the :} right having a central angle of 15'26'07" a radius of 1135.92 feet and a chord bearing of N. 07'19'50" W.; THENCE along said curve, and continuing along the said east line of Dallas Parkway, 306.01 feet to the end of said curve, a 1" iron rod found for corner; THENCE N. 00'23'14" E., 319.46 feet along the said east line of Dallas Parkway to the Point of Beginning and containing 0.125 acres (5,440 square feet) of land. 􀁬􀁩􀁬􀁥􀀯􀁢􀁯􀁵􀁮􀁤􀁡􀁾􀀬􀀹􀀶􀀭􀀰􀁾􀁏􀀠 BOUNDARY DESCRLPTION .' BEING a tract of land situated in the Robert Wilburn Survey, Abstract No. 1580 in Dallas County, Texas and also being part of City Block 8707 in the City of Dallas, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1" iron rod found for corner at the intersection of the south line of Keller Springs Road (a variable width right-of-way) with the east line of Dallas Parkway (a variable width right-of-way) ; THENCE N. 44'44'52" E., 15.73 along the said south line of Keller Springs Road to a I" iron rod found for corner; THENCE N. 89'06'30" E., 28.30 feet continuing along the said south line of Kel Springs Road to a W' iron rod set for corner; THENCE S. 00'46'00" E., 5.00 feet leaving the said south line of Keller Springs Road to a W' iron rod set for corner; THENCE S. 89'06'30" W., 6.93 feet· to a W' iron rod set for corner; THENCE S. 44'48'37" W., 32.09 feet to a W' iron rod set for corner; TEENCE S. 00'23'14" W., 303.27 feet to a 01" iron rod set. for corner, said point being the beginning of a curve to the left having a central angle of 02'54'52" a radius of 1125.92 fee:: and a chord bearing of S. 01'04'12" E.; THENCE along said curve 57.27 feet to the end of said curve, a W' iron rod set for corner, said point being the beginning of a curve to the right having a central angle of 01'10'39" a radius of 2000.00 feet and a chord bearing of 8.01'56'19" E.; THENCE along said curve 41.10 feet to the end of said curve, a W' iron rod set for corner, said point being the beginning of a curve to the left having a central angle of 13'05'21" a radius of 970.00 feet and a chord bearing of S. 07'53'40" E.; THENCE along said curve 221.60 feet to the end of said curve, a ?f" iron rod set for corner, said point being on the said east line of Dallas Parkway, said point also being in a curve to the left running in a northerly direction and having a central angle of 00'36'33" a radius of 1442.39 feet and a chord bearing of N. 14'44' 3711 w. i THENCE along said curve, and along the said east line of Dallas Parkway, 15.33 feet to the end of said curve a I" iron rod found for corner, said point being the beginning of a curve to the right having a central angle of 15'26'07" a radius of 1135.92 feet and a chord bearing of N. 07'19' 50" W.; THENCE along said curve, and continuing along the said east line of Dallas Parkway, 306.01 feet to the end of said curve, a I" iron rod found for corner; THENCE N. 00'23'14" E., 319.46 feet along the said east line of Dallas Parkway to the Point of Beginning and containing 0.125 acres (5,440 square feet) of land. 􀀬􀁾􀀠 k t::l.. I .. 􀁾􀀠 .... t::IY N.44°44' 52" E. 15.73 ' 1Y04D SPIY/IV tv. 139o °6' GS $, ,:,,,':,0" r::. $ 􀀰􀀰􀀰􀀬􀀬􀁾 28 $.'1 -890 '16'0 '. '10'1 06 ' O"r:: 8, 3 30' i'" ,., , tv >y • . 32 J... 􀁾􀀠 􀁾􀀠 Q: 0)/I\, 􀁾􀀺􀀠 /I'?'::' o..."f 􀀷 PROPOSE D LOT 1 , BLOCK B/8707 ,/''t':; .,.. 􀁾􀀮􀀠 HARPE R'S REST AURANT ...... ,:t o 􀁾'" "f "" "f Q ·30' 'S' °O· 6 ,93' ·0S!. '. 8.02°54' 52" R=1125.92' o· V T'28.64' L' 57.27' 􀁾"􀀠 i:: q;, Q! h'J lJ.i a I!:.' 15°26'07" • I!:. =01° 10' 39" Q. "1R·1135.92' a ,,' ''-R= 2000.00' Q. T= 153.94' T=20.55' L' 306.01' L=41.10' tJ", .... .... }.... .... Q:-􀁵􀁾:􀀬 􀀬􀁾􀀠 ' ' ' ' ",.y \ 􀁊􀁍􀁾􀁴􀀺􀀨􀀧􀁜􀀠􀁾􀀧􀁾􀁈1􀁾􀁾/'􀁾4􀀧 􀀧􀀧􀀧􀁾􀁾􀀧􀀧􀀧o􀀧􀀧􀁾·.􀀧􀁾 {􀀧􀀧f􀀧!􀁾' R = 97 0.00' I.t.. 􀁾􀁣􀀧􀁴􀀧:..􀀬􀀮􀀢􀀮􀀩􀀬􀀺􀁾􀁾􀁾􀁾􀀻􀀻􀀱􀀻􀀻􀀰􀀻􀀡􀀠 1, 􀁾􀁛􀀧􀀻􀀧􀀧􀀧􀀧􀀱􀀾􀀠 4831 ';;'::::" (I, 􀁾􀁊􀁾􀀻􀁾􀀺􀀺c s s'􀀼􀀺􀁾􀀺􀀶􀁊􀁦􀁉 􀀺􀀮􀀮􀀮􀀮􀁾􀀠 0 􀁾􀁾....... ' <," r'I, N, SU",'\v,"\ 􀁾􀁙􀀢􀂷􀀠 ?-z.1-9& RIGHT -OF-WAY DEDICATION I!:.=00°36'33" R=1442.39' T= 7.67' DALLAS CITY BLOCK NO. 8707 l..' 15.33' ROBERT WILBURN SUR., ABST NO. 1580 DALLAS COUNTY, TEXAS DOWDEY, ANDERSON & ASSOCIATES, INC. S,0I,I"=60' 0.1,3-15-96 162!50 DAL L AS PARK'<:IAY SUITE 100 JohNo, 96-020 (214)931-0694 DALLAS, TEXAS 75248 SAFECO LAND TITLE 5220 RENAISSANCE TOWER· 1201 ELM STREET· DALLAS, TEXAS 75270 NORMA LEA BEASLEY Cheirman of the Board & (214) 573·2250 • FAX (214) 573·2277 Chief ExecutWe OfflCfJr MELVIN H. JOHN President Chief Opefliling Officer March 19, 1996 MAIN OFFICE: 8080 N. Central #500 Daffas, TeKas 75206 Steve Folsom (via FAX 250-1812) 360-3600 FM Properties Operating Co. DALLAS OFFICES: c/o Precept Properties, Inc. CARUTH HAVEN 8080 N. Central, #120 16475 Dallas Parkway, Suite BOO 987-0800·75206 Dallas, Texas 75248 DOWNTOWN 1201 Elm Street I 5220 Renaissance Tower j John Baumgartner (via FAX 931·6643) 573·2250 -75270 HILLCREST The Town of Addison 13 0 􀁈􀁾􀀠 6935 Hiffcrest 1 estgrove -:p.O· . \( IX If)Oo I 363.[3557· 75205 Addison, 75001 Acb·,:s,()fl, LBJ & PRESTON Commercial Division 12900 Preston, #208 387-4535 -75230 Re: Our File SP96-186030 LBJ & PRESTON Contract of Sale by and between FM Properties Operating Residential Division 12900 Preston, #208 Co., as Seller, and The Town of Addison, as Purchaser, for 387-4535 -75230 property at Dallas Parkway and Keller Springs NATIONAL CLOSING DIVISION 8080 N. Central, #500 380-3600 -75206 Dear Mr. Folsom and Mr. Baumgartner: PRESTON CENTER 8235 Douglas, #101 750-9904 • 75225 This will acknowledge receipt of the referenced Contract of Sale and PRESTON TRAIL earnest money in the amount of $2,500.00 on March 19, 1996. 17000 Preston Road, #140 931·7300 -75248 CARROLLTON OFFICE Title evidence has been ordered and should be delivered tomorrow. 1933 E. Frankford Rd., #185 394·1110 -75007 DUNCANVILLE Please call if you have questions or need anything further at this time. 519 N. Cedar Ridge #2 298-8211-75116 DESOTO OFFICE 712 N. Hampton, Suite 190 Desoto, Texas 75115 (214) 230·2544 Fax (214) 878-6035 GRAND PRAIRIE OFFICE P.O. Box 530591 Bobbie Irwin (214) 262-2608.75053 ABRAMS CENTRE Vice President/Escrow Officer 9330 LBJ Frwy. #900 (214) 231·6188 -75243 1.[300.[325-1848 cc: Robert G. Buchanan, Esq. (via FAX 672-2020) MIDWAY OFFICE James T. Porter, Esq. 14679 Midway, #220 (214) 788·1211 -75244 Fax (214) 788-5035 IRVING OFFICE 111 Ferguson Court, #100 (214) 258-7991 ·75082 CONTRACT OF SALE This Contract of Sale (this "Contract") is made and entered into by and between FM Properties Operating Co., a Delaware general partnership ("SeUer") and The Town of Addison ("Buyer"). ARTICLE I Defined Terms 1.1 Definitions. As used herein, the following terms shall have the meanings indicated: "Closina" means the consummation of the purchase of the Property by Buyer from Seller in accordance with Article VII. "Clnsina Date" means the date specified in Section 7.1 on which the Closing is to be held. "Deed" means the Special Warranty Deed to be executed by Seller in favor of Buyer. "Effective Date" means the date on which Buyer and Seller have both fully executed this Contract, including, ifappropriate, the initials of the parties on any counter-offers proposed by either party. "Permitted Exceptions" means, with respect to the Property, the exceptions or conditions that affect or any affect the title to or use of the Property as specified in Section 5.4. "Property" means that certain strip of land situated in Dallas County, Texas, containing approximately 5,400 square feet, 600 feet in length and having a width of approximately 10 feet and located at the southeast comer of the intersection of the access road running along the east side of the Dallas North Tollway and Keller Springs Road in the Town of Addison, Dallas County, Texas, and being a part of that certain tract described on Exhibit "A" attached hereto. Upon preparation of the Survey, Exhibit "A" shall be deemed automatically amended to reflect the legal description set forth on the Survey. "Purchase Price" means the total consideration to be paid by Buyer to Seller for the purchase of the Property as set forth in Sections 3.1 and 3.2. "Survey" means a current survey as described in Section 5.2. 1.2 Other Defined Terms. Certain other defined terms shall have the respective meanings assigned to them elsewhere in this Contract. Contract of Sale -Page 1 DOC U, 345827 ARTICLED Alrreement of Purchase and Sale 2.1 Alrreement. On the terms and conditions stated in this Contract, Seller hereby agrees to sell and convey the Property to Buyer, and Buyer hereby agrees to purchase the Property from Seller. ARTICLEID Purchase Price and Earnest Money 3.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller shall be $50,000.00. The Purchase Price is payable by Buyer in cash (subject to prorations and other credits provided for in this Contract) at Closing. 3.2 Earnest Money. Within two (2) business days after the Effective Date, Buyer shall deposit $2,500.00 in cash, as an earnest money deposit (the "Earnest Money") with Safeco Land Title (the "Title Company"), 5220 Renaissance Tower. 1201 Elm Street, Dallas, Texas 75270, Attention: Ms. Bobbie Irwin. In the event Buyer fails to deposit the Earnest Money in a timely manner, this Contract shall automatically terminate and neither Seller nor Buyer shall have any further liability or obligation one to the other. In the event this Contract is closed, the Earnest Money shall be applied to the cash portion of the Purchase Price payable at Closing. In the event this Contract is not closed, then the Title Company shall disburse the Earnest Money in the manner provided elsewhere herein. ARTICLE IV Representations, Warranties and Covenants 4.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows, which representations and warranties (except (a) of this Section 4.1) shall not survive the Closing: (a) Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (b) Seller represents and warrants that Seller has not received written notice from any governmental authority that there are any Hazardous Substances, as hereinafter defined, at, on, or under the Property in violation of the Comprehensive Enviromnental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Enviromnental Pesticides Act, the Clean Water Act, the Clean Air Act, all so-called Federal, State and Local "Superfund" and "Superlien" statutes, and all other statutes, laws, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability (including strict liability) or standards of conduct concerning Contract of Sale -Page 2 DOC 6: 345827 any hazardous substances (collectively the "Hazardous Substance Laws"). For purposes of this Contract, the terms Hazardous Substances shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress or the Environmental Protection Agency or under any Hazardous Substance Laws. Hazardous Substances shall also include Radon gas and asbestos. (c) To the best of Seller's knowledge, except for proceedings relating to zoning and platting of the Property and adjacent property, the Property or any part thereof, is not now subject to any litigation, or other legal or administrative proceedings, and Seller has no knowledge of any facts which might result in any such litigation or proceedings. (d) There are no leases of or affecting the Property, except for leases, if any, provided pursuant to Section 5.7. 4.2 Buver's Representations and Warranties. Buyer has the the full right, power, and authority to buy the Property as provided in this Contract and to carty out Buyer's obligations hereunder. ARTICLE V Title and Survey 5.1 Title Commitment; Exception Documents. (a) Within five (5) days after the effective date, Seller, at its expense, shall cause to be delivered to Buyer a commitment for title insurance (the "Title Commitment") for the Property issued by the Title Company. The Title Commitment shaH set forth the state of the title to the Property, including a list of title exceptions affecting the Property that would appear in an owner's title policy, if one were issued. (b) Along with the Title Commitment, Seller shall cause to be delivered to Buyer copies of the instruments that create or evidence title exceptions affecting the Property. 5.2 Survey. Buyer, at its expense, may obtain a survey of the Property. The Survey shall reflect the following: (a) A certification to Buyer and the Title Company to the effect that the Survey (i) was made on the ground as per the field notes shown thereon and correctly shows the boundary lines and dimensions and the area of land indicated thereon and each individual parcel thereof indicated thereon, (ii) correctly shows the location of all buildings, structures, and other improvements, and visible items on the Property, and (iii) correctly shows the location and dimensions of all alleys, streets, roads, Contract of Sale -Page 3 DOC #: 345821 rights-of-way, easements and other matters of records affecting the Property according to the legal description in such easements and other matters (with instrument, book and page number indicated); and except as shown, no portion of the Property is located within a special flood hazard area, there are no visible easements, rights-of-way, party walls, or conflicts, and there are no visible encroachments on adjoining premises, streets, or alley ways by any of said buildings, structures, or other improvements, and there are no visible encroachments on the Property by buildings, structures, or other improvements situated on adjoining premises; and the distance from the nearest intersecting street and road is as shown thereon; (b) The location of all improvements, streets, highways, rights-of-ways and easements appurtenant to, traversing, adjoining or bounding the Property (which shall show all applicable recording data); (c) Any encroachments on the Property or protrusions on adjacent land; (d) A metes and bounds description of the Property and the total acres and the total square feet contained therein; (e) The beginning point should be established by a monument located at the beginning point, or be reference to a nearby monument; and (1) The boundary line of highways and streets abutting the Property and the width of said highways and streets, including any proposed relocation, modification or widening thereof. 5.3 Review of Title Commitment. Survey and Exception Documents. Buyer shall have a period of five (5) days after receipt of the last of the Title Commitment and the copies of title exception documents (the "Title Review Period") in which to give written notice to Seller specifying Buyer's objections to one or more of the Title Commitment and the items described in Section 5.1(b) (the "Objections"), if any. All items set forth in Schedule C of the Title Commitment as being required to be released at or prior to Closing shall be deemed to be Objections. All other items set forth in the Title Commitment which are not objected to by Buyer shall be deemed Permitted Exceptions. 5.4 Seller's Obligation to Cure; Buyer's Right to Terminate. If Buyer notifies Seller of Objections to any of the matters furnished to it pursuant to Section 5.3, then Seller may, within five (5) days (the "Cure Period") after its receipt of Buyer's notice, either satisfy the Objections at Seller's sole cost and expense, or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. If Seller fails or refuses to satisfy any Objections within the Cure Period, then Buyer as its sole remedy has the option of either (i) waiving the unsatisfied Objections whereupon such Objections shall be deemed Permitted Exceptions, or (ii) terminating this Contract in which event the Title Company shall return the Earnest Money to Buyer and Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract of Sale -Page 4 DOC I; 3451127 Contract. Buyer's election to terminate this Contract shall be made in writing within five (5) days after the first to occur of Buyer's receipt of Seller's notice of its refusal to satisfy any Objections or the expiration of the Cure Period. Buyer's failure to timely send notice of its termination of this Contract will be deemed an election of subsection (i) above. 5.5 Title Policy. At the Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas owner's policy ·of title insurance (the "Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company in the amount of the Purchase Price, and insuring the Buyer and indefeasible fee simple title to the Property. The Title Policy may contain only the Permitted Exceptions. The Title Policy shall delete all portions of the survey exception except" shortages in area. " 5.6 Reservation of Easements. The Special Warranty Deed to be delivered to Buyer shall be prepared by Seller and shall contain a provision whereby whereby Seller reserves for the benefit of Seller and the owners, tenants and invitees of the property located adjacent to the Property, a non-exclusive easement for access, ingress and egress over and across the Property until such time as Buyer begins construction on the Property to develop its use as a public right-of-way. The reserved easement will also permit Seller, its successors and assigns to construct landscaping and paving over the Property. Buyer shall provide Seller with not less than fifteen (15) days advance written notice of the date construction of the public right-of-way is expected to begin. Buyer shall have no responsibility, financial or otherwise, for any improvements made by Seller to the Property except that notwithstanding anything to the contrary with respect to access driveways of a property owner adjacent to the Property, Buyer will ensure that during construction of the public right-of-way at least half of each of the driveways will remain open at all times and upon completion of construction the driveways will be repaired and restored including curbing. During construction of the public right-of-way, Buyer shall provide such access to the property adjacent to the Property as does not unreasonably interfere with Buyer's construction of the public right-of-way. Prior to termination of the easement, Buyer shall have the right to enjoy and use the easement area for any and all purposes which do not unreasonably interfere with or prevent Seller's use of the easement. 5.7 Miscellaneous Documents. Within three (3) days after the Effective Date, Seller shall furnish to Buyer copies of all Phase I environmental studies, topographical studies and soil analyses of or pertaining to the Property, if any, in Seller's possession, along with all leases, if any, of the Property. All of such information shall be delivered by Seller to Buyer without representation or warranty. ARTICLE VI Feasibility Period and Conditions to Buyer's Obligations 6.1 Conditions to Buyer's Obligations. The obligations of Buyer hereunder to consummate the transaction contemplated hereby are subject to the satisfaction, as of the Closing, of Contract of Sale -Page 5 DOC #, 345827 each of the following conditions (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing); (a) All representations and warranties shall be true on and as of the Closing Date. (b) The Property, or any material part thereof, shall not have been and shall not be threatened to be materially or adversely affected in any way as a result of litigation, any action by'the United States or any other governmental authority, flood or act of God. ARTICLE VB Closinl,l 7.1 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date shall be fifteen (15) days after the Effective Date. 7.2 Items to be Delivered at the Closinl,l. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer the following items: (i) The Deed, duly executed and acknowledged by Seller, subject only to the Permitted Exceptions; (ii) An affidavit, in a form reasonably acceptable to Buyer. in compliance with Section 1445 of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder, stating under penalty of peIjury the Seller's United States identification number and that Seller is not a non-resident alien; provided, however. that if Seller fails to deliver this affidavit, Buyer shall be entitled to withhold from the Purchase Price and pay to the Internal Revenue Service the amounts required by Section 1445. and applicable regulations promulgated thereunder; (iii) The Title Policy; (iv) A copy of Seller's resolutions authorizing consummation of this transaction; and (v) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy. (b) Buyer. At the Closing. Buyer shall deliver to Seller: (i) The Purchase Price; and Contract of Sale -Page 6 DOC', 345827 (li) Such other documents as the Title Company may request in order to close this Contract and issue the Title Policy. 7.3 Adjustments at C1osine. Property taxes for 1996 shall be prorated as of the Closing Date. The proration shall be based on 1995 property taxes. Upon receipt of the 19% property taxes, the proration shall be adjusted if necessary. Seller shall be responsible for all rollback taxes that are attributable to the Property having been assessed at agricultural, open-space or other special use valuation. All of such taxes shall be treated as if the sale caused all of the rollback taxes to then be due and payable and they shall be paid by the Seller to the taxing authorities at the Closing if the taxing authorities will accept the payments or credited by the Seller to the Buyer at the Closing. Any charges, special taxes or assessments for public improvements or otherwise that are made and/or assessed against the Property prior to the Closing shall be paid by the Seller at the Closing. 7.4 Possession at Closine. Possession of the Property shall be delivered to Buyer by Seller at the Closing, subject to the Permitted Exceptions. 7.5 Costs of Closine. Seller shall pay all recording, fees attributable to the transfer of title to the Property. Buyer and Seller shall split the closing or escrow fees of the Title Company. Each party shall pay its own attorneys' fees and expenses incurred in negotiating, preparing and closing the transaction contemplated herein. ARTICLE VITI Defaults and Remedies 8.1 Seller's Defaults; Buyer's Remedies. In the event that Seller should fail to consummate the transaction contemplated herein for any reason, except Buyer's default, Buyer, as its sole and exclusive remedy, may either: (i) terminate this Contract by written notice delivered to Seller on or before the Closing Date whereupon the Earnest Money shall be returned to Buyer; or (ii) enforce specific performance of this Contract against Seller requiring Seller to convey the Property to Buyer. 8.2 Buyer's Default: Seller's Remedies. In the event that Buyer should fail to consummate the transaction contemplated herein for any reason, except default by Seller or the nonsatisfaction of any of the conditions to Buyer's obligations, set forth herein, Seller, as its sole and exclusive remedy, may terminate this Contract by written notice delivered to Buyer on or before the Closing Date whereupon the Earnest Money shall be disbursed to Seller. ARTICLE IX Miscellaneous 9.1 Notices. All notices, demands, requests, and other communications required or permitted hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) upon the deposit of the original in a Contract of Sale -Page 7 DOC I: 345827 regularly maintained receptacle for the United States mail, registered or certified, postage prepaid. addressed as follows: Seller: PM Properties Operating Co. c/o Precept Properties, Inc. 16475 Dallas Parkway, Suite 800. Dallas, Texas 75248 Attn: Steve Folsom With a copy to: James T. Porter Geary. Porter & Donovan, P.C. 16475 Dallas Parkway, SUite 550 Dallas, Texas 75248 Buyer: The Town of Addison 16801 Westgrove P. O. Box 144 Addison, Texas 75001 Attn: John Baumgartner With a copy to: Robert G. Buchanan, Jr. Cowles & Thompson, P.C. 901 Main Street Suite 4000 Dallas, Texas 75202 9.2 Governing Law. This Contract is being executed and delivered, and is intended to be performed in the State of Texas and the laws of Texas govern the validity, construction, enforcement, and interpretation of this Contract, unless otherwise specified herein. 9.3 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 9.4 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, personal representatives, successors, and assigns. Contract of Sale -Page 8 DOC I, 345821 9.5 Further Acts. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed, and/or delivered by Seller to Buyer, Seller and Buyer agree to perform, execute, and/or deliver or cause to be performed, executed, andlor delivered at the Closing or after the Closing any and all further acts, deeds, and assurances as are reasonably necessary to consummate the transactions contemplated hereby, as long as no liability or expense is incurred in connection therewith. 9.6 Survival. Except as otherwise provided herein, All warranties, representations and agreements contained herein shall survive the Closing hereof. 9.7 Counterpart Execution. This Contract may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. 9.8 Assienment. Seller shall have the absolute right and authority to assign this Contract and all of its rights hereunder to any person, firm, corporation, or or other entity, and any such assignee shall be entitled to all of the rights and powers of Seller hereunder. Upon such assignment, such assignee shall succeed to all of the rights and obligations of Seller hereunder and shall, for all purposes hereof, be substituted as and be deemed to be the Seller, as the case may be, hereunder; and the original Seller shall have no further liability hereunder. Buyer may assign this Contract to the Texas Turnpike Authority without Seller's consent. Any other assignment by Buyer shall require the prior written consent of Seller. 9.9 CONDITION OF PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON THE BASIS OF ITS OWN INDEPENDENT INSPECTIONS, INQUIRIES AND/OR INVESTIGATIONS AND NOT AS A RESULT OF ANY WARRANTIES OR REPRESENTATIONS OF SELLER. ANY INFORMATION SELLER DELIVERS TO BUYER CONCERNING THE PROPERTY HAS BEEN PREPARED BY THIRD PARTIES AND SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH OR ACCURACY THEREOF. EXCEPT FOR REPRESENTATIONS OF SELLER WHICH ARE EXPRESSLY SET FORTH IN THE CONTRACT AND THE SPECIAL WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY DEED TO BE EXECUTED AND DELIVERED BY SELLER TO BUYER AT CLOSING, BUYER IS PURCHASING THE PROPERTY "AS IS," WITH ALL FAULTS AND DEFECTS, KNOWN OR UNKNOWN, LATENT OR PATENT, WITHOUT ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, MERCHANTABILITY, SUITABILITY OR QUALITY OR ANY WARRANTIES AS TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND IN SOLE RELIANCE ON BUYER'S OWN INDEPENDENT INSPECTION, INQUIRY AND/OR INVESTIGATION. Contract of Sale -Page 9 DOC A. 345827 9.10 WAIVER OF CONSUMER RIGHTS. SELLER AND BUYER AGREE THAT THE PROVISIONS OF THE . DECEPTIVE TRADE PRACTICES -CONSUMER PROTECTION ACT ("DTPA"), SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, SHALL NOT APPLY TO THIS TRANSACTION, WITHOUT LIMITING THE FOREGOING, IN THE EVEN THAT FOR ANY REASON IT IS DETERMINED THAT THE DTPA DOES APPLY TO THIS TRANSACTION, BUYER WAIVES ITS RIGHTS UNDER THE DTPA, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS, EXCEPT THAT BUYER DOES NOT WAIVE SECTION 17.555. AFTER CONSULTATION WITH AN ATTORNEY OF BUYER'S OWN SELECTION, BUYER VOLUNTARILY CONSENTS TO THIS WAIVER. BUYER REPRESENTS TO SELLER THAT BUYER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION IN CONNECTION WITH THE NEGOTIATION AND EXECUTION OF THIS CONTRACT. BUYER SHALL CAUSE ITS ATTORNEY TO EXECUTE THIS CONTRACT IN THE SPACE PROVIDED BELOW IN ORDER TO EVIDENCE THAT BUYER HAS CONSULTED AN ATTORNEY IN CONNECTION WITH SUCH WAIVER. 9.11 No Recording. Buyer shall not file this Contract, nor any memorandum thereof, in any public records. 9.12 Expiration of Offer. The offer to sell or purchase the Property which is evidenced by the execution and delivery of the Contract by the first party to do so, if not sooner withdrawn, shall automatically terminate and be of no further effect if the Contract is not executed by the second party and returned to the first party on or before five (5) days following the date of execution of the Contract by the first party. Executed: March ,1996 SELLER: FM Properties Operating Co., a Delaware general partnership By: 􀁕􀁾􀁵􀀠 Printed Name: 7 1MA;; Title: Executed: March 􀀯􀁾􀀬􀀠1996 BUYER: The Town of Addison 􀁂􀁙􀁾􀀠 􀁧􀁾􀀠 II )ttl ::J Ron Whitehea1l, City ManagFr Contract of Sale -Page \0 DOC I: 345827 BUYER'S COUNSEL: (For the purpose of complying with the provisions of the Texas Deceptive Trade Practices Act): COWLES & THOMPSON, P.C. Contract of Sale· Page 11 DOC I: 345827 EXHIBIT A 80UNDARY DESCRIPTION BEING a tract of land situated in the Robert Wilburn Survey, Abstract No. 1580 in Dallas County, Texas and also being part of City Block 8707 in the City of Dallas, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1" iron 'rod found for corner at the intersection of the south line of Keller Springs Road (a variable width right-of-way) with the east line of Dallas Parkway (a variable width right-of-way); THENCE N. 44'44'52" E., 15.73 feet along the said south line of Keller Springs Road to a 1" iron rod found for corner; THENCE N. 89'06'30" E., 28.30 feet continuing along the said south line of Keller Springs Road to a W' iron rod set for corner; THENCE S. 00'46'00" E., 5.00 feet leaving the said south line of Keller Springs Road to 'a W' iron rod set for corner; THENCE S. 89'06'30" lV., 6.93 feet to a W' iron rod set for corner,THENCE S. 44'48'37" W., 32.09 feet to a W' iron rod set for corner; THENCE S. 00'23'14" vi., 303.27 feet to a %" iro!: rod set for corner, said point being the beginning of a curve to the left having a'central angle of 02'54'52" a radius of 1125.92 feet and a chord bearing of S. 0'1' 04' 12" E.; THENCE along said curve 57.27 feet to the end of said curve, a W' iron rod set for corner, said point being the beginning of a curve to the right having a central angle of 01'10'39" a radius of 2000.00 feet and a chord bearing of S. 01'56'19" E.; THENCE along said curve 41.10 feet to the end of said curve, a W' iron rod set for corner, said point being the beginning of a curve to the left having a central angle of 13'05'21" a radius of 970.00 feet and a chord bearing of S. 07'53'40" E.; THENCE along said curve 221.60 feet to the end of said curve, a M" iron rod set for corner, said point being on the said east line of Dallas Parkway, said point also being in a curve to the left running in a northerly direction and having a central angle of 00'36'33" a radius of 1442.39 feet and a chord bearing of N. 14'44' 37" IV.; THENCE along sala curve, and along the said east line of Dallas parkway, 15.33 feet to the end of said curve a I" iron rod found for corner, said point being the beginning of a curve to the right having a central angle of 15"26'07" a radius of 1135.92 feet and a chord bearing of N. 07"19'50· W.; THENCE along said curve, and continuing along the said east line of Dallas Parkway, 306.01 feet to the end of said curve, a 1" iron rod found for corner; THENCE N. 00'23'14" E., 319.46 feet along the said east line of Dallas Parkway to the Point of Beginning and containing 0.125 acres (5,440 square feet) of land. , .r: :<: , •• \ EXIUElIT ___8."'____--''-' 'I i f 􀁾􀀠 -.,I"I' J .. ,􀁾􀀠 " " ROAD 􀁾􀀠 o \ \ ; . 􀁾􀀭􀁾􀁾􀀠􀀭􀁾􀀺􀁩􀁬􀀭 􀁜􀀮􀁯􀀼􀁾􀁜􀁉􀁉􀁏􀀠 􀁾􀀠It 􀁾􀀭 "'..,t"l ': . 1/1:,,> 0, 0 j r r l> l> (j) 􀁾􀀠 􀁾􀀠 < i'lPR-03-1996 14:20 COWLES 8. THCJMPSON 214 672 2020 P.02/04 COWLES & THOMPSoN .301 w. WASHINGTON, $ViTI 1.00 '.0. '10)( 1127 SH£R:MAN. '1UA:$ 75Otn-1121 A1"fORNfYS I\"T lAW 􀁾􀁎􀁅 Igo318",,"" 901 MAIff ST8ll!T, SUI'TE' 4000 NCN8 TDA$ fU\TIOIW.-􀁥􀁾􀀱􀁃􀀠BLDG. SUI'TT:: 321 OA1.l.AS. TEXAS 15202-319') 100 wesT ADAMS .VENUE 'TlI.IPHQtlE 12'.)112-2000 t>.O. DOX 7lI6 TBMPLE,TEXAS 􀀷􀁥􀀤􀁏􀁾􀀸􀀵􀀠 MeTAO 1%1 ..J ilSHWS TB..£PHONE 181 '1) 711·2.800 FAX 1214:1 &724020 ON' ...lftlCAN CEPf1l;'R. sum 77"1 ROHRT G. BUCHAlfAN. JR. 􀀹􀀰􀀹􀁾􀀮􀀤􀀮􀀨􀀮􀀠,-C/OP.}.D f2141 8'12·2139 'TYtDf. 􀁾 7570M.H'.. Tafl"HONf (8031 6810&15/J8 April 3, 1996 VIA TELECOn Mr. 10hn BaumgaItlleI Town of Addison P. O. Box 144 Addison, Texas 7S001 Re: Purchase from PM Properties Operating Company Dear1obn: Enclosed please find a First Amendment to Contract of Sale setting the closing for the purehue on AprilS, 1996. Please have Mr. Ron Whitehead ell.el:llte the First Amendment and rerum a copy by telecopy to this office at your earliest convenience. Also enclosed is a revised draft of the Purehaser's Statement which reflects a closing date of April 5, 1996. Please can should you have any questions. Thank you for your assistance in connection with this matter. Sincerely. 􀁾􀁉􀁬􀀾􀁾􀀠 Robert G. Buchanan, Jr. ROB:wn Enclosures cc: Mr. Jim Duffy w/enclosure -VIA TELECOPY RPR-03-1995 14:20 COWLES & THOMPSON 214 572 2020 P.03/04 "'liT AMENDMENT 1'0 CO.tO 01' SUE 11DS FIRST AMENDMENT TO CONTRACl' OF SALE (the "Amcmdmeut") 􀁾􀀠made aud eutcred into effective as of Mardi. 29, 1996, by aud between FM PR.OPEJl'I'IES OPEllA.11NG CO.. I. Delaware glDeral par1Dersbip ("Seller") aDd THE TOWN OF ADDISON (together with its peIDlitted aHignc, "PurdweI"). REgTAl$: WHEREAS, Seller and Pun:baser are partiea to UId deUce to amend that 􀁾􀀠 CoDtract of Sale elated March 1S, 1996 (tile "CoDIrad'), pertaiDiDg to the sale and purcbue of approximately 0.125 ac:res of IaIId 1oc:ated in Dallas Ccnmty, Texas, as more particularly described in the CcmIraa (the "Property"): NOW, nlER.EfORE, for aDd in coDSideatiml of the SWIl of Ten and No/IOO DolIaIs (SI0.00) ami other good aDd valuable coaaideJ"aticm, the receipt and sufficieuc:y of wbich are hereby ac:kDowIedged. Parcbasor ami Seller hereby amend the Contract as follows: 1. CoRnE Parc The COIiug Dale in hAgJaph 7.1 of the Colltr.u:t Ihall be C'ltcDde4 to April S, 1996. 2. Mi ..... J'apMUI.. A telccopied fac:sjmile of a duly aecuted coUDWpart of this Ammv!m= sbaIl be sWficieDt to evidence the biDdiJIg agr.......ent of each party to the teaas hereiD. Except as amended hereby, all temII !lid CODditions of the Contract are aDd relDlliD in full fotte and effect " thermn written. In the event of a CODfIic:t between the prmisioDs of this AII1eJIcImDt 8Dd the pruYisiom of the CmItract, the provisions of this Amendment sbaIl comroJ. CIpitalized terms which are used herein but DOt defined shall have the same meaning given to such terms in the Contract. EXECUI'ED to be effective as of the date lint above wnUeu. FM l'll0l'Elll1ES OPERATING 􀁃􀁏􀁾􀀠 a Delaware general partDerIhip 1HE TOWN OP ADDISON 􀁾􀀮􀁾N􀀽a􀀭me􀁾: 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀁔􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 FIRST MfflNPMENT TO CONTRACT OF $AI P -Page 1 --APR-03-1996 14:21 COWLES g THOMPSON 214 672 2020 P.04/04 t'l 􀁾􀁻􀁑􀁬􀀧􀁇􀁉􀁊􀀧􀁕􀀠 rlJUtli,JUl PURCHASER'S STAIEMENI Spt'-18G030 􀁐􀁒􀁏􀁐􀁓􀁬􀁾 o.us Ae•••/.NDP/••l1er spr!ns•. vella' e . Tun PUltCRASEPRlCE •• •••• •••••. . ...•.••••.••••••• , , , " ... ".......... $ $0 91lu.!)1i PL\Ili: a!AIIlIili Plti",ftlMInCnmiyCl£D: wn D'r ""f!._...st__.. W'" -r if Trx_ES Iii "s."m""y"r.".,".,_..__ct_", FIoo