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
7 Receipt Contract With Central Office Morgan Susan Escrow Assistant Texas Title - Ceshker Group 13413 Galleria Circle Suite 120 Austin Texas 78738 P 512-306-0696 F 512-328-8268 msusanceshkergroupcom
8 Forward Earnest Money Via Regular Mail or FedEx
9 Review Closing Locations and Schedule Closing
10 Jesseca Aregger will assist with all questions
Jesseca Aregger Title Liaison Texas Title ndash 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)
2 TREC 1 to 4 (WrapAssumption Transaction)
a Assumption Addendum
b Seller Finance Addendum
3 Assignment of Contract (if assigning contract)
4 Buyer Information Form (Non WrapAssumption Transaction)
5 Seller Information Form (Non WrapAssumption Transaction)
6 Buyer Information Form (WrapAssumption Transaction)
7 Seller Information Form (WrapAssumption Transaction)
8 5016 Disclosure
9 Wrap AddendumNoticeDisclosure
10 Insurance Referrals
11 Loan Servicing Referrals
12 Closing Locations
13 Affidavit of Heirship Questionnaire
14 Form of Affidavit of Heirship
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
INDEX
1 TREC 1 to 4 (Non WrapAssumption Transaction)
2 TREC 1 to 4 (WrapAssumption Transaction)
a Assumption Addendum
b Seller Finance Addendum
3 Assignment of Contract (if assigning contract)
4 Buyer Information Form (Non WrapAssumption Transaction)
5 Seller Information Form (Non WrapAssumption Transaction)
6 Buyer Information Form (WrapAssumption Transaction)
7 Seller Information Form (WrapAssumption Transaction)
8 5016 Disclosure
9 Wrap AddendumNoticeDisclosure
10 Insurance Referrals
11 Loan Servicing Referrals
12 Closing Locations
13 Affidavit of Heirship Questionnaire
14 Form of Affidavit of Heirship
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
(
(
)
)
Phone
Fax
(
(
)
)
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Agreement to Assign Contract for Sale and Purchase
Page 1 of 2
Date _________________________________________________________________________Seller _________________________________________________________________________BuyerAssignor ___________________________________________________________________Assignee ___________________________________________________________________Subject Property ____________________________________________________________________Contract Parties and Date_________________________________________________________________________________________________________________________ (herein PURCHASE AGREEMENT)
This agreement is made between ASSIGNOR and ASSIGNEE regarding purchase of the abovereferenced SUBJECT PROPERTY Whereas BUYER has entered into a PURCHASE AGREEMENT withSELLER for the purchase of SUBJECT PROPERTY and whereas BUYERASSIGNOR wishes to assign itsrights interests and obligations in the PURCHASE AGREEMENT therefore for value received theundersigned ASSIGNOR hereby assigns transfers and sets over to ASSIGNEE all rights title and interest heldby the Assignor in and to the SUBJECT PROPERTY therefore it is hereby agreed between ASSIGNOR andASSIGNEE as follows
1 ASSIGNEE shall pay ASSIGNOR a total assignment fee of $___________ The amount of$___________ of the assignment fee is to be paid at time of executing this agreement and is NON-REFUNDABLE The balance of the assignment fee (ie $____________) to be paid at closing of thePURCHASE AGREEMENT
2 ASSIGNEErsquoS inspection period shall expire upon execution of this Assignment ASSIGNEE accepts allterms and conditions of the PURCHASE AGREEMENT between BUYER and SELLER in its entirety
3 ASSIGNEE acknowledges receipt of legible copies of the original PURCHASE AGREEMENT in itsentirety including all Addendum(s) associated with this transaction No warranties of any kind whatsoever aremade incident to this Assignment and BUYER has conducted all inspection and due diligence regarding thepurchase accepts all rights obligations and responsibilities of the PURCHASE AGREEMENT executed byBUYER and SELLER
4 The ASSIGNEE hereby assumes and agrees to perform all the remaining and executory obligations ofthe ASSIGNOR under the contract and agrees to indemnify and hold the ASSIGNOR harmless from any claimor 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 thecontract rights herein transferred are free of lien encumbrance or adverse claim This assignment shall bebinding 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 theASSIGNOR ASSIGNEE must close on transaction on or before the date written in the PURCHASEAGREEMENT Failure to close on time by the ASSIGNEE will forfeit any and all monies paid In additionASSIGNEE 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 providing clear and marketable title to ASSIGNEE prior tothe closing date In the event that clear and marketable title cannot be obtained ASSIGNEE shall be releasedfrom 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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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 theASSIGNOR shall have the right to terminate this assignment of contract and declare the ASSIGNEE in defaultwherein assignor shall (a) retain all NON-REFUNDABLE assignment fees as liquidated damages and (b) allright title and interest pursuant to the PURCHASE AGREEMENT shall automatically revert to the assignorwithout notice
9 ASSIGNOR retains the right to renegotiate the price on original contract with SELLER at any time up tothe closing date At closing the newly reduced price will be reflected on settlement statement TheASSIGNORS assignment fee shall be increased by the amount of the price reduction ASSIGNEErsquoS totalpurchase price shall remain the same
10 ASSIGNEE acknowledges receipt of legible copies of the PURCHASE AGREEMENT in its entiretyincluding all addendums associated with this transaction ASSIGNEE acknowledges that the property will bedelivered without tenants in possession unless agreed upon otherwise
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 theASSIGNOR No changes to the PURCHASE AGREEMENT can be made without written Consentof ASSIGNORBUYER
b) ASSIGNOR and affiliated associates make no warranty expressed or implied regarding inspectionreports or other reports provided to ASSIGNEE by ASSIGNOR or third parties concerning thisSUBJECT PROPERTY Seller sells property as-is with no warranty of property conditionsASSIGNOR makes no representation to ASSIGNEE or his agents as to the condition of theSUBJECT PROPERTY ASSIGNEE acknowledges and agrees that he or she is purchasing theSUBJECT PROPERTY on an ldquoas-isrdquo basis and based on his or her own inspection investigationand evaluation thereof ASSIGNEE is not relying upon any representations of ASSIGNOR SELLERor SELLERrsquoS agent to investigate and report on the condition of the SUBJECT PROPERTY
c) ASSIGNEE acknowledges they are conducting a transaction dealing directly with ASSIGNOR forthe purchase of SUBJECT PROPERTY ASSIGNEE assumes all responsibility to perform anyinspection investigation and evaluation thereof prior to the signing of this Agreement ASSIGNEEis not relying upon or being represented by a REAL ESTATE BROKERAGE in this transactionASSIGNEE is not relying upon or being represented by ASSIGNOR or any other Real EstateBrokerage in this transaction
AGREED ACCEPTED amp SIGNED this _______day of _____ 201__
X_______________________________________ X__________________________________________
Assignor AssigneeAddress _______________________________ Address __________________________________CityStateZip ___________________________ CityStateZip ______________________________Phone (s) _____________________________ Phone (s) ________________________________
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
13413 Galleria Circle Suite 120 Austin TX 78738Office 512-306-0696 Fax 512-328-8268
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
For all funds due at closing Texas Title 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 neededfor 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
The closing officer for the above referenced transaction is Misha Kubena Please feel free to call her or her assistant VanessaMiles with any questions
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Maverick Title of Texas LLC dba Texas Title - Ceshker Fee13413 Galleria Circle Suite 120
Austin TX 78738
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 ___________
I ___________________________ authorize Maverick Title of Texas dba Texas Title 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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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___________________________
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
______________________________
BUYER
______________________________
BUYER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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________________________________________________
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
______________________________
SELLER
______________________________
SELLER
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Robert E Young III
The Texas Note Company LLC
3571 Far West Blvd 213
Austin TX 78731
MB 5129707857
PH 5124641214
PH 8883047779
FX 5124641214
robertTexasNoteCocom
wwwtexasnotecocom
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Page 1 of 7
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 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Page 2 of 7
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 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Page 3 of 7
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 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Page 4 of 7
BUYER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
SELLER
_______________________________ _________________
SIGNATURE Date Signed
_______________________________ _________________
SIGNATURE Date Signed
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Page 5 of 7
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
LOAN SERVICING REFERRALS
Robert E Young III
The Texas Note Company LLC 3571 Far West Blvd 213
Austin TX 78731 MB 5129707857 PH 5124641214
PH 8883047779 FX 5124641214
robertTexasNoteCocom TexasNoteCocom
Dan Francis Safe Loan Servicing PO Box 434
Kyle TX 78640 Office (512) 213-0195
Fax (888) 601-4833 Adminsafeloanservicingcom httpwwwsafeloanservicingcom
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
OFFICE LOCATIONS
Corporate Office
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
Houston Location
8300 FM 1960 West Ste 450
Houston Texas 77070
Phone (713) 305-8353
Plano Office
Karlseng Leblanc amp Rich LLC
5412 West Plano Parkway Suite 101
Plano Texas 75093 Phone (972) 733-3800
Fax (972) 733-3806
Commercial Closing Office
5412 West Plano Parkway Suite 101
PlanoTexas 75093
Phone 972-733-3800
Fax 972-733-3806
Texas Production Center
9320 N Dallas Parkway Suite 200
Frisco TX 75033
Phone 214-618-2336
Fax 214-618-2339
National Production Center
5412 West Plano Parkway Suite 100
Plano TX 75093
Phone 877-255-7854
Local 972-407-3838
Fax 877-255-7854
The Eaton Law Firm PLLC
Attorneys amp Counselors
Michael W Eaton Attorney
109 River Oaks Drive
Suite 150
Southlake Texas 76092
Phone 817-431-1111
Fax 817-431-1180
mweatoneatonlawcom
wwweatonlawcom
JP Barth Law Firm PLLC
Colleyville
4215 Gateway Dr Ste 101
Colleyville Texas 76034
Phone (817) 358-9500
San Antonio
8000 IH-10 Suite 600
San Antonio Texas 78230
210-525-7985
Houston
5100 Westheimer Rd Ste 200
Houston Texas 77056
713-588-4360
Plano
4975 Preston Park Blvd Ste 780
Plano Texas 75093
469-209-0823
Horne amp Associates PC
1795 Northwest Highway
Garland TX 75041
Phone (972) 271-1700
Fax (972) 271-8800
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
Pratt Aycock amp Associates
PLLC
Colleyville Texas
1124 Glade Road Suite 100
Colleyville TX 76034
Phone (817) 717-4533
Fax (817) 514-6563
Dallas Texas
18383 Preston Road Suite 110
Dallas TX 75252
Phone(214) 4735551
Fax(214) 5409333
Denton Texas
2442 Lillian Miller Pkwy Suite 100
Denton TX 76205
Phone (940) 241-6390
Fax (940) 241-6388 9402416388
Frisco Texas
4221 Preston Rd Suite 100
Frisco Texas 75034
Phone 2143854471
Fax 2145409333
McKinney Texas
6851 Virginia Pkwy Suite 100
McKinney TX 75071
Phone (972) 5401983
Fax (866) 6492862
Law Offices ofT Alan Ceshker
13413 Galleria Circle Suite 120
Austin TX 78738
Phone (512) 961-7848
Fax (512) 961-7849
The Bowers Law Group -
GalleriaUptown
210 West Loop South Suite 900
Houston texas 77027
Phone (832) 722-2317
Fax (713) 456-7849
Bowers - Fair Oaks Ranch
8000 Fair Oaks ranch Parkway Suite 104
Fair Oaks Ranch Texas 78015
Phone (832) 722-2317
Fax (713) 456-7849
Amschler amp Hacker PC
16801 Addison Rd Suite 124
Addison Texas 75001-5696
Phone 972-380-5630
Fax 972-380-5635
Paul A Perez amp Associates LLC
2500 East TC Jester Suite 315
Houston Texas 77008
Phone (713) 802-9900
Fax (713) 802-9174
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
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
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
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
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
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
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
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
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
____________________________________
Notary Public State of Texas
No guidelines are available for this form at this time