SUBJECT TO CHECKLIST

1. Order Title Work

2. Check if mortgage is up to date
3. Prepare all documents:
1. Purchase Contract
2. Seller’s Acknowledgment
3. Affidavit of Liens
4. Limited Power of Attorney
5. Seller’s Disclosure
6. Lead-Based Paint Addendum
7. Change of Address to Mortgage Company
8. Special Clauses (see attached)
4. Get access to the property
5. Start advertising
6. Transfer utilities, insurance
7. Close at a Title Company or Attorney’s Office
8. Set up automatic payments for the mortgage
Eliminate almost all risk with this subject to transaction closing packet. This includes 25
HOME COACHING CALLS ABOUT AFFILIATE LINKS BLOG CONTACT SHOP 0
pages of acknowledgements, laws, clauses and agreements made by a closing attorney
and insurance agent that has done more than 1000 subject to transactions - simply fill
in the blank.
 
This packet includes: 
- Seller Due On Sale Acknowledgment
- Home Foreclosure Rescue Scam Act
- Limited Power of Attorney
- Seller Statements of Understanding
- Mortgage Agreement Addendum
- Seller Closing Affidavit
- Proceeds Affidavit
- Choice of Attorney Acknowledgment
- Marital Status Affidavit
- Nonforeign Affidavit and Patriot Act Certification
- Owner Affidavit and Indemnity Agreement 
- Assignment of Escrow Account
 
Subject to investing is one of the most powerful ways to invest in real estate but can
also be one of the easiest ways for a great real estate investor to get sued. Our
attorneys have put their heads together from their experiences of thousands and
thousands and thousands of these transactions to form these documents to ensure that
you make your real estate profits real and keep them safe overtime. To help protect
your Next asset you buy subject to get this closing pack now!

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 Seller Acknowledgement, Disclosure and Addendum to Sales
Contract

I, _______________________ (Seller), this _____ day of ______________, 20__, hav e agreed

in writing to sell the property located at _____________________________ (The Property ) to
_____________________________________ (Buy er) and or his assigns, according to the terms
and conditions contained and described in the Purchase and Sale Agreement (The Sales Agreement) of
same date, a copy of which is attached . I further state as follows:

________ 1. OWNERSHIP OF THE PROPERTY : I am the owner of The Property and am able to contract
for its sale. There are neither other owners nor any one else who has any interest in the property or who
could contest the sale.

________ 2. ACCEPTANCE OF OFFER PRESENTED: I hav e rev iewed the terms and conditions contained
in The Sales Agreement and hav e accepted the Buy er's offer to purchase The Property and am in
absolute agreement that selling at the terms and price in the agreement are in my best interests.

________ 3. CONSIDERATION: I hav e receiv ed good, adequate and v aluable consideration in signing
The Sales Agreement, and I acknowledge both the receipt and the sufficiency of the consideration.

________ 4. IN MY BEST INTEREST: I am satisfied with The Sales Agreement and hav e agreed to sell
The Property because it is in my best interest to do so. I hav e ev aluated my situation carefully and know
that selling the property with the terms and conditions outlined in The Sales Agreement is, indeed, in my
v ery best interests.

________ 5. I AM FULLY INFORMED AND NOT CONFUSED, DISORIENTED OR OTHERWISE IMPARED: I

hav e signed The Agreement being fully informed and with sufficient understanding of all terms and
conditions contained therein. I am not confused in any way , about any aspect of The Sales Agreement.

________ 6. I AM SATISFIED WITH THE SALES PRICE: I understand I may be selling The Property for
less than market v alue but hav e chosen to do so because my unique circumstances necessitate an
immediate sale and ev en though the sale is at a discounted price, is in my best interest to do so. I am
satisfied with the sales price I hav e negotiated.

________ 7 .THIS SALE IS ABSOLUTELY FINAL: I understand by signing The Sales Agreement, I hav e
agreed to sell The Property to the Buy er and am now legally bound by the terms and conditions
described in The Sales Agreement. I further understand that I cannot “change my mind” or the terms or
try to cancel the contract at some later neither date, nor can I continue to market The Property to any
other buy er, under any circumstances.

________ 8. I UNDERSTAND THAT CONTINGENCIES MAY EXIST: I understand the sale may be
contingent upon Buy er's inspection and approv al of certain items described in The Sales Agreement. I
further understand that if Buy er does not approv e of these items after closer inspection, the Buy er may
cancel The Sales Agreement and if cancelled, I must return Buy er's earnest money in full, without
hesitation. I understand that The Buy er may decide not to purchase the property after all and I hav e
agreed to giv e him that right to change his mind.

________ 9. THIS IS NOT A LOAN OF ANY KIND: I understand The Sales Agreement I hav e signed is for
the outright sale of The Property and is not intended to be a loan of any kind, on this property or for any
other reason.

________ 10. THIS AGREEMENT MAY BE ASSIGNED: I understand Buy er may assign The Sales
Agreement to another buy er, person or company and I may be settling the sale with someone other
than the initial Buy er. I hav e agreed to this and understand.
________ 11.POSSIBILITY OF NO FORMAL SETTLEMENT: I understand Buy er may choose to complete
this transaction without the use of an attorney and may record the deed and other documents himself.

________ 12. SETTLEMENT DOCUMENTS: I understand there will most likely be additional settlement
documents to sign and upon presentation, agree to sign and deliv er the settlement documents either to
the attorney or directly to Buy er, as Buy er may direct, in a timely manner.

________ 13. COPIES OF THE PAPERWORK: I understand that copies of the contracts and other
documents I'v e signed will be prov ided to me in a timely manner and I agree and acknowledge that
circumstances may mean that copies may not be immediately av ailable to me but will be made av ailable
to me within a reasonable period of time.

________ 14. I ABSOLUTELY AGREE THAT THE BUY ER IS ENTITLED TO PROFIT FROM THIS
TRANSACTION: I understand Buy er may resell The Property and may realize a substantial profit in
doing so. I agree Buy er is entitled to any profit, in any amount that may ultimately result from the
subsequent resale of The Property .

________ 15. LEGAL COUNSEL ADVISED HAS BEEN ADVISED: I agree and acknowledge Buy er has
adv ised me to seek independent legal counsel to rev iew The Sales Agreement. If I chose not to seek
council it was a decision I made of my own accord.

________ 16. A FINANCIAL REVIEW HAS BEEN ADVISED: I acknowledge Buy er has adv ised me to seek
an independent financial adv isor to rev iew The Sales Agreement. If I hav e not sought out a financial
rev iew it was a decision I made of my own free will.

________ 17 . I AGREE THIS TRANSACTION WAS FAIRLY NEGOTIATED: I understand Buy er has
negotiated on his own behalf and I hav e negotiated on mine. I acknowledge The Sales Agreement has
been negotiated fairly and Buy er has not taken adv antage of my current situation or me.

________ 18. NO INCAPACITATING CONDITIONS: I hav e no phy sical, mental or emotional conditions
or ailments that would cause in any way for me not to be able to make a rational, well thought out
decision about signing The Sales Agreement.

________ 19. I AM NOT UNDER THE INFLUENCE OF ANT MIND ALTERING SUBSTANCE: I am not now
under the influence of alcohol or any other mind-altering substance or drug, legal or otherwise, nor am I
taking medication that would cloud my judgment or reasoning abilities or make me unable to think
clearly . I am in full control of my mental faculties.

________ 20. NO OTHER PROMISES HAVE BEEN MADE: I hav e not been promised any thing other than
what is described in The Sales Agreement. There are no unresolv ed issues, no “side agreements,” nor are
their other terms not disclosed in The Sales Agreement. Ev ery agreement made here has been reduced
to writing.

________ 21. I AM NOT UNDER DURESS: I am not under duress and hav e signed The Sales Agreement
of my own free will, without any undue financial pressure. The Buy er has in no way pressured me into
signing The Sales Agreement.

________ 22. I AM FULLY SATISFIED WITH AGREEMENT: I am fully satisfied with all terms and
conditions contained in The Sales Agreement and hav e been giv en ev ery opportunity to negotiate the
terms that I want.

________ 23. SELLING SUBJECT-TO EXISTING FINANCING: If my buy er is purchasing the property
subject to the existing financing, I understand that the loan pay ments will be made monthly but not paid
off completely at this time. I understand that if my loan contains a due on sale clause there is a risk that
the bank if they find out about the transfer, may call the loan due. I am proceeding with this sale in full
awareness of these possible risks and hav e no hesitation in doing so.

________ 24. I AM ABSOLUTELY SATISFIED WITH MY DECISION AND MY DEAL WITH MY BUY ER: I
hav e made this as my final decision to mov e the property and mov e on with my life. My buy er has been
of tremendous assistance with this decision and I am grateful for his help.

Dated this _____ day of ___________________, 20____.

___________________________ Seller (Signature)

___________________________ Seller (Signature)

___________________________ Unofficial Witness (Signature)

___________________________ Notary Public (Signature)

 AGREEMENT FOR PURCHASE & SALE OF REAL ESTATE
(Subject to Transaction)
AGREEMENT dated this ____ day of ________________ 20___, by and between __________________________________________
hereinafter "Seller", whose address is _________________________________________________________________________, and
______________________________________________________ hereinafter "Buyer" (or its assignee or nominee) whose address is
___________________________________________________________________________________________________________.

1. THE PROPERTY. The Seller agrees to sell and Buyer agrees to buy the following property, located in the Bexar County, State of Texas,
Lot ____, Block ____, CB/NCB __________ commonly known as ______________________________________________________.
The sale shall also include all windows shades, blinds, screens, shutters, electric and plumbing fixtures and ____________________
__________________________________________________________________________________________________________.

2. PURCHASE PRICE. Buyer to pay the purchase price as follows (check all that applies):

EARNEST DEPOSIT (Payable to the Law Firm, Trust Account) ……..……….……...........…… $___________________

CASH DOWN PAYMENT due at closing in the amount …………………...……………..........…… $___________________

TAKE TITLE SUBJECT TO AN EXISTING FIRST TRUST DEED NOTE

held by ________________________________ with an approximate unpaid amount of ..........….. $___________________
payable $______________ monthly until paid, including interest not exceeding ____%.

TAKE TITLE SUBJECT TO AN EXISTING SECOND TRUST DEED NOTE

held by ______________________ with an approximate unpaid amount of ………..……………..... $___________________
payable $______________ monthly until paid, including interest not exceeding ____%,
A PROMISSORY NOTE in the principal amount of ..................................................................... $___________________
For the Terms of the Note, see paragraph 10 below.

TOTAL PURCHASE PRICE IS THE AMOUNT OF ………..……………………………….………….. $___________________

3. FINANCING. Buyer will be taking the property subject to deed(s) of trust existing on the property and the underlying existing loans
and is not expressly assuming responsibility through a formal assumption of said loans. Commencing on _____________________,
20____, the Buyer shall pay all monthly obligations on the underlying loans and property taxes, assessments, insurance, and any
other expenses related to the property.
If the actual loan balance of said loan is less than as stated herein, the purchase price shall be reduced to reflect the difference; if the
actual loan balance is more than as stated herein, then Buyer’s required cash payment shall be reduced accordingly. Seller agrees to
waive any remaining balance of tax, MIP and insurance escrows, if any, held by the lender(s).

4. CLOSING. Closing will be held on or about ________________________, 20 ______, at a time and place at the ________________

_____________________________________________

Responsible for Closing Cost Seller Buyer Shared Between Parties Equally.

The following Items will be prorated at closing: Homeowner's association dues, Other _________________________________
The Law Firm will not provide Title Insurance but will perform a title and tax search to determine what if any liens are affecting Title.
Title Insurance companies will not provide Title Insurance when the underlying mortgage is not paid off.

5. POSSESION. Seller shall surrender possession to the property on day of closing.

. In the event possession is not delivered at closing, buyer shall withhold proceeds from the sale in the amount of
$ _________________ as security deposit (see attached Holdover Occupancy Agreement).

6. ADDITIONAL PROVISIONS.
• Seller is aware that this loan will not be satisfied in full at closing and may continue to appear on Seller’s credit file. Seller will provide Buyer
with loan payment booklets and written permission to contact the holders of any debt secured by the property. At closing, Seller to execute a
Limited Power of Attorney pertaining to the subject property, a Deed to transfer title, and sign a 3-page Disclosure.
• Both Seller and Buyer acknowledge that the deed(s) of trust securing the property stated above may contain a “due on sale” provision
giving the lender an option to call the loan immediately payable if all or any part of the Property is sold or transferred without satisfying
the said loans.
• __________________________________________________________________________________________________________

7. DEFAULT BY BUYER. If Buyer fails to perform the agreements of this contract within the time set forth herein, Seller may retain, as
liquidated damages and not as a penalty, all of the earnest money deposit specified in paragraph 2 above.

8. DEFAULT BY SELLER. If Seller fails to perform any of the agreements of this contract, Buyer shall be entitled to $5,000 for
damages resulting from the breach of contract, or the Buyer may bring an action for specific performance.

9. OFFER. This is an offer to purchase the Property on the above terms and conditions. Unless this offer is signed by Seller and
personally received by Buyer, by ___________, at ___ AM/PM, the offer shall be deemed revoked and the deposit shall be returned.

10. OTHER TERMS: ___________________________________________________________________________________________

Buyer(s): ____________________________________________________, Date: ________________________ 20_____.

Email: ___________________________________________ Phone #(s): ______________________________________

Seller(s): ____________________________________________________, Date: ________________________ 20_____.

Email: ___________________________________________ Phone #(s): ______________________________________

 PURCHASE & SALE AGREEMENT FOR REAL ESTATE
AGREEMENT dated this _______day of_______________20_____ by and betw een

_________________________________________________
___________________________________________ hereinafter "Seller" w hose address

is________________________________________________
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a n d

_____________________________________________________________________________
hereinafter "Buyer" (and/or assigns or nominees) w hose address is
___________________________________________________________________.

1. THE PROPERTY. The parties hereby agree that Seller w ill sell and Buyer w ill buy the follow ing property, located in and situate in the County of

___________________, State of _______________________, know n by street and address as

___________________________________________, more particularly described as follow s (enter legal description below ):

EXACT LEGAL DISCRIPTION TO FOLLOW

The sale shall also include all personal property and fixtures, except

__________________________________________________________________
________________________________________________________________________________________________________________________

.
Unless specifically excluded, all other items w ill be included, w hether or not affixed to the property or structures. Seller w arrants that property,
improvements, building or structures, the appliances, roof, plumbing, heating and/or ventilation systems are in good and w orking order. This claus e
s hall s urvive clos ing of title .

2. PURCHASE PRICE. The total purchase price to be paid by Buyer w ill be $___________________ payable as follow s:

Earnest money deposit (see below ) $ _____________________

Ow ner financing from seller (see below ) $ _____________________

New loan (see below ) $ _____________________

Subject to existing loans $ _____________________

Cash balance due at closing $ _____________________

Said price is subject to appraisal by buyer and/or agent of buyer's choice.

3. EARNEST MONEY. The buyer's earnest money shall be held in escrow by agent of buyer's choice. Upon default of this agreement, seller
shall retain earnest money as his sole remedy w ithout further recourse betw een the parties.

4. NEW LOAN. This agreement is contingent upon buyer's ability to obtain a new loan in the amount of $________________. Buyer is not
required to accept any loan w ith interest rate exceeding ___________% amortized over __________years or pay any closing costs or points
exceeding $____________. Buyer shall provide seller w ith w ritten proof of a loan commitment on or before_______________, 20_____.
5. SELLER FINANCING. Buyer shall deliver a promissory note in the amount of $_________________. In case of default, recourse shall be
against the property and there shall be no personal recourse against the borrow er. As security for performance of the promissory note, buyer shall
provide the seller a security deed w hich shall be subordinate to a new first mortgage not to exceed $_______________.

6. EXISTING LOAN. In the event part of the purchase price is to be satisfied by buyer taking subject to existing financing, buyer shall not be
required to pay fees exceeding $______________ nor be required to show income or creditw orthiness to the holder of said mortgage or deed of
trust. Seller expressly agrees and understands that buyer is taking the property "subject to" such mortgages or deeds of trust, and is not expressly
assuming responsibility for the underlying loans. If the actual loan balance of said loan is less than as stated herein, the purchase price shall be
reduced to reflect the difference; if the actual loan balance is more than as stated herein, then buyer's required cash payment shall be reduced
accordingly. Seller agrees to forfeit tax and insurance escrow s held by said lender or its assigns.

7. SETTLEMENT.ISURABLE TITLE & CLOSING: Seller w arrants that he/she is vested w ith full pow ers and authority to enter into this
Agreement. If Seller has marketable & insurable title, no encroachments and property is not in a flood plain/zone, then this Agreement w ill be closed
and the deed and other closing papers delivered w ithin [ ] days after the acceptance of this agreement, & key copy given to Buyer, & all
stipulations and conditions of this Agreement have been met, OR [ ] days after the tenant/ow ner vacates the house and
removes all property/debris & key copy given to Buyer & all stipulations and conditions of this Agreement have been met. In the event that this
Agreement is unable to close on or before the above stated date, then Buyer or Seller may, by notice to the other party (notice must be received on
or before the closing date) extend this Agreement’s closing date up to seven (7) days from the above stated closing date.
If title is not marketable and insurable, title defects or encroachments w ill be cured at Seller’s expense, and Buyer w ill close w ithin 10 days of
cure. If Seller cannot provide marketable/insurable title to Buyer by closing, then the Buyer can, at his sole discretion, either: (1) extend this
Agreement or, (2) have Seller return to Buyer all earnest monies paid and fees incurred for curing title and preparing for closing including, but not
limited to, surveys, attorneys fees and appraisal. Once these monies are returned to Buyer this Agreement w ill be null & void. Tenant and/or Seller
must: (1) vacate and leases must be legally terminated prior to closing, (2)give 3 w eeks advance notice to Buyer, w hen they’re vacating/moving.

Buyer shall pay the follow ing costs in transferring title: [ ] title insurance policy [ ] loan assumption [ ] transfer fee [ ] transfer taxes
[ ] recording fees [ ] attorney closing charges [ ] hazard insurance premium [ ] mortgage insurance premium
[ ] survey

The follow ing Items w ill be prorated at closing: [ ] Mortgage insurance [ ] Property taxes [ ] PMI Insurance [ ] Hazard insurance
[ ] Homeow ner's association dues [ ] Rents [ ] Other ____________________________

The buyer may extend the closing date an additional THIRTY (30) days by paying the seller $___________________in cash. Buyer reserves the
right
to do a final inspection the day of closing.
 8. POSSESSION. Seller shall surrender possession to the property in clean, debris free condition, and free of all personal items on or before
__________, 20_____ ("possession date", In the event possession is not delivered at closing, buyer shall w ithhold proceeds from the sale in the
amount of $__________ as security. Seller shall be liable for damages in the amount of $______ per day for each day the property is occupied
beyond the possession date. This paragraph shall survive the closing of title.

9. INSPECTION. This agreement is subject to the final inspection and approval of the property by the buyer in w riting on or before
______________, 20______ and is subject to a termite report from the buyer’s pest control company that is acceptable to the buyer.

10. ACCESS. Buyer shall be entitled a key and be entitled to immediate access to show partners, lenders, inspectors and/or contractors prior to
closing. Buyer may place a sign on the property prior to closing for prospective tenants, contractors and/or assigns.

11. This agreement is subject to the final inspection and approval of the condition of the property by the buyer and/or associates, assigns and/or
nominees in w riting before closing. This agreement is also contingent upon buyer’s inspections, approval and acceptance of all paperw ork, leases,
appraisals, tenant histories and completed title w ork.

SPECIAL STIPULATIONS

_________________________________ _______________ ___________________________________

_____________
Seller Date Buyer Date

_________________________________ _______________ ___________________________________

_____________
Seller Date Buyer Date
 ASSIGNMENT OF CONTRACT
FOR PURCHASE & SALE OF REAL ESTATE
Purchase & S ale Agreement: In reference to the ATTACHED contract for purchase and sale, concerning the
property described as ,
County of District Land Lot , dated
between Buyer (also referred to hereafter as Assignor):
, and Seller: , with purchase price of
dollars ($ ).

Assignment and Fee: Assignor hereby assigns all rights to said contract for purchase and sale of real estate to
Buyer/Assignee: for a
grand total cost to Buyer/Assignee of dollars ($ ).
Buyer/Assignee agrees to purchase and close on this property on or before and to fulfill all
conditions and terms of said purchase contract and of this Assignment of Contract.

Financial Summary & Settlement Statement Recap:

101. Purchase Agreement Price to be Paid to Seller $

201. Credit from Seller at Closing for Earnest Money Paid by Assignor $

808. Assignment Fee to Assignor +$

Reimbursement to Assignor for Earnest Money Paid to Seller +$
Less Earnest Money Paid by Assignee to Assignor -$
Total to be Paid to Assignor at Closing ** =$

**Please show this amount on Settlement Statement as "Assignment Fee” and make proceeds
check payable to .

Proof of Funding: Assignor, at his sole discretion, reserves the right to terminate this Assignment if proof of funding
in the form of approval letter from Lender and evidence of additional cash required to close is not received by
Assignor by 5:00 PM on .

Earnest Money: This agreement is NOT BINDING upon Assignor until Assignor has received earnest money of
One Thousand dollars ($1,000.00) from the Buyer/Assignee and the funds have cleared the bank. Earnest money will
be held by
Buy e .
r
mus t Initials: [ ] Buyer/Assignee’s earnest money is NON-refundable, AND Buyer/Assignee has a binding
initial Assignment (we will turn away any other offers; this locks in your price). - OR -
o n e Initials: [ ] Buyer/Assignee’s earnest money is refundable until proof of funding is received after which it
o f becomes non-refundable. Assignor will be able to continue marketing the house until the earnest money is
these non-refundable. If a better offer is received by Assignor, then Buyer/Assignee will have 12 hours to match that offer and
2 make their earnest money non-refundable, otherwise the Assignor may declare this Assignment null & void and earnest
money will be refunded.

Default & Special Provisions: If Assignor, or Seller fails to perform, then the Buyer/Assignee will be entitled to the
return of the earnest money deposit as full liquidated damages. Earnest money is non-refundable for any other reason
except as otherwise stated in this Assignment. Buyer/Assignee agrees to fulfill all conditions and terms of said purchase
contract and of this Assignment of Contract and if Buyer/Assignee fails to perform, then Assignor may retain all of the
earnest money deposit as specified above. In the event this agreement is placed in the hands of an attorney for
enforcement, the prevailing party shall be entitled to recover court costs and attorney fees.
Cross Default: If Buyer/Assignee has entered into any other purchase agreements with Assignor’s other
properties and defaults on any provisions of this agreement or those agreements, then this Agreement shall also be
considered in default and, at the option of Assignor, this Agreement may be voided.

All parties agree that fax signatures/initials are legal & binding. This Assignment shall become null and void if
not signed by Buyer and received/returned to the Assignor by .
This Agreement and the underlying, attaching Purchase and Sales Agreement CANNOT be assigned or
‘flipped’ to any other buyer for this closing. If this contingency is violated, the Assignor has the option to terminate
this agreement and keep the Buyer/Assignee’s earnest money. The undersigned Buyer/Assignee must be the final
end-user/buyer.

Special Stipulations: The following stipulations or exhibits, if conflicting with any other paragraph, shall
control:

Buyer/Assignee: Date Assignor: Date

**Phone(s):
 Agreement to Assign Contract for Sale and Purchase
Subject Property: ________________________________________________________________________

Legal Description: ________________________________________________________________________

This agreement is made between ____________________________________ (ASSIGNOR) and

____________________________________ (ASSIGNEE) regarding purchase of the above referenced
SUBJECT PROPERTY.

Whereas ____________________________________ (BUYER) has entered into a Purchase and Sales

Agreement with ____________________________________ (SELLER) for the purchase of SUBJECT
PROPERTY, and whereas BUYER wishes to assign its rights, interests and obligations in the Purchase and
Sales Agreement, it is hereby agreed between ASSIGNOR and ASSIGNEE as follows:

1. ASSIGNEE shall pay ASSIGNOR a NON-REFUNDABLE assignment fee of $________ (payable

$_______ with signing of contract and balance at close).

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

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

4. Additional terms and conditions of this Assignment are as follows:

a) This assignment contract is non-assignable without the express written consent of the
ASSIGNOR. No changes to the Purchase Contract can be made without written Consent of
BUYER.

b) Disclosures and Acknowledgement:

i) ASSIGNOR and affiliated associates make no warranty, expressed or implied,

regarding inspection reports or other reports provided to ASSIGNEE by ASSIGNOR or
third parties concerning this property.

ii) ASSIGNEE acknowledges they are conducting a transaction dealing directly with
ASSIGNOR for the purchase of SUBJECT PROPERTY. ASSIGNEE is not relying upon
or being represented by a REAL ESTATE BROKERAGE in this transaction.

AGREED AND ACCEPTED

______________________________ ___________ ______________________________ ___________

Assignee Date Assignor Date

______________________________ _______________________________
Print Name Print Name

______________________________ ___________ ______________________________ ___________

Assignee Date Assignor Date

______________________________ _______________________________
Print Name Print Name
 TEXAS EXAMPLE ONLY
You should seek a competent real estate attorney for review

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY

REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT
THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE
NUMBER.

Special Warranty Deed With Vendor’s Lien

KNOW ALL MEN BY THESE PRESENTS, that __________ and __________ (collectively,
“Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by __________ and __________ (collectively, “Grantee”),
the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto said Grantee, the property
commonly known as [address], and further described as [insert legal description] (together with all
improvements, rights and appurtenances, the “Property”)

This conveyance, however, is made and accepted subject to any and all validly existing
encumbrances, conditions and restrictions, relating to the Property as now reflected by the Official Public
Records of __________ County, Texas.

A portion of the consideration to be paid to Grantor was advanced by Grantor at the special
instance and request of Grantee, which amount constitutes a portion of the proceeds of a loan from
Grantor to Grantee evidenced by that certain promissory note of even date herewith executed by Grantee
in the original principal amount of __________ and ____/100 Dollars ($_____) (the “Note”). The Note is
secured by the vendor’s lien and superior title herein retained by Grantor and by the lien created by that
certain Deed of Trust to Secure Assumption, dated as of even date herewith executed, by Grantee in favor
of __________, Trustee, for the benefit of Grantor, covering the Property.

TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging unto said Grantee, its successors and assigns, forever. And
Grantor does hereby bind itself and its successors to WARRANT and FOREVER DEFEND all and
singular the Property unto said Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not
otherwise.

But it is expressly agreed and stipulated that the Vendor’s Lien is retained against the Property
until the above-described Note, and all interest thereon, is fully paid according to its face and tenor, effect
and reading, when this Deed shall become absolute.

This Special Warranty Deed with Vendor’s Lien is EXECUTED to be effective as of the _____
day of ____________, 20____.

GRANTOR: GRANTOR:

________________________________________ _______________________________________
[Name of Grantor] [Name of Grantor]

Special Warranty Deed With Vendor’s Lien – Page 1

STATE OF TEXAS §
§
COUNTY OF __________ §

This instrument was acknowledged before me on _________________________, 2008, by

[grantor].

_____________________________________________
[Name of Grantor]

STATE OF TEXAS §
§
COUNTY OF __________ §

This instrument was acknowledged before me on _________________________, 20____, by

[grantor].

________________________________________
Notary Public, State of Texas

AFTER RECORDING RETURN TO: [grantee’s name and address]

Special Warranty Deed With Vendor’s Lien – Page 2

 TEXAS EXAMPLE ONLY
You should seek a competent real estate attorney for review

$__________ __________, 20_____

Note Secured by Wraparound Mortgage

Date:

Maker:

Maker’s Mailing Address: [include county]

Payee:

Place for Payment: [include county]

Principal Amount: $__________. The original principal amount of this Note includes the unpaid principal
balances of that certain promissory note, referred to in this Note as the “Underlying Note,” dated [date],
given by [name of maker], in the original face amount of $__________, and secured by that certain first
deed of trust to the Real Property, recorded on [date], in Volume ____, Page _____, of the Official Public
Records of __________ County, Texas.

Annual Interest Rate: __________ percent (_____%)

Annual Interest Rate on Matured, Unpaid Amounts: Fifteen percent (15%)

Terms of Payment (principal and interest): This Note and any accrued interest are due in
__________ (_____) monthly principal and interest payments of $_____ per month, beginning on
__________, 200___ and ending on __________, 20____ [with a final balloon payment of $__________
due and payable on __________, 20_____]. However, if the Underlying Note described below, or any
successor or substitute note secured by a first mortgage on the real property (“Real Property”) described
in the Wraparound Mortgage, shall provide for a different date for the payment of the entire principal
balance of the Note, then the entire principal balance payable in this Note shall be payable on that date
rather than on the date provided above. In no event shall this other date be earlier than [date].

Security for Payment: a Deed of Trust from __________, Grantor, to ________, Trustee, for the
benefit of __________, Beneficiary, of even date herewith, to be recorded in the Official Public Records
of __________ County, Texas (the “Wraparound Mortgage”).

Maker promises to pay to the order of Payee the Principal Amount plus interest at the Annual
Interest Rate. This note is payable at the Place for Payment and according to the Terms of Payment. All
unpaid amounts are due by the Maturity Date. After maturity, Maker promises to pay any unpaid principal
balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts.

Payee is obligated to pay and discharge the Underlying Note and, so long as Maker is not in
default with respect to any payments required under this Note, Payee shall indemnify, hold harmless, and
defend Maker of and from any and all loss, cost, damage, liability, and expense, including attorney’s fees,
arising out of any actual or alleged default in the payment of any underlying obligation. However, if

Note Secured by Wraparound Mortgage – Page 1

Payee is required to pay, or becomes obligated to pay, any penalties, late charges, or interest under the
terms of any of the underlying obligations by reason of Maker's failure to make timely payments, Maker
promises to pay the amount of any such penalties, late charges, or interest to Payee on demand.

Maker agrees that from time to time the Underlying Note may be refinanced, adjusted, or
modified, but only if the following conditions are satisfied:

(a) At no time while this Note is outstanding shall the aggregate obligations secured by
mortgages to the Real Property exceed the amount of the then unpaid principal balance of
this Note.
(b) At no time while this Note is outstanding shall the total monthly payments required to be
made in connection with any obligation secured by mortgages to the Real Property
exceed, in the aggregate, the monthly payment required to be made pursuant to this Note.
(c) Unless an earlier due date is provided for, any obligations secured by mortgages to the
Real Property shall have a due date for the payment of the unpaid principal balance of
any such obligation that is contemporaneous with the due date for the payment of this
Note.

Maker may prepay this note in any amount at any time before the Maturity Date without penalty
or premium. Prepayments will be applied to installments on the last maturing principal, and interest on
that prepaid principal will immediately cease to accrue.

If Maker defaults in the payment of this note or in the performance of any obligation in any
instrument securing or collateral to this note, Payee may declare the unpaid principal balance, earned
interest, and any other amounts owed on the note immediately due. Maker and each surety, endorser, and
guarantor waive all demand for payment, presentation for payment, notice of intention to accelerate
maturity, notice of acceleration of maturity, protest, and notice of protest, to the extent permitted by law.

Maker also promises to pay reasonable attorney’s fees and court and other costs if this note is
placed in the hands of an attorney to collect or enforce the note. These expenses will bear interest from
the date of advance at the Annual Interest Rate on Matured, Unpaid Amounts. Maker will pay Payee these
expenses and interest on demand at the Place for Payment. These expenses and interest will become part
of the debt evidenced by the note and will be secured by any security for payment.

Interest on the debt evidenced by this note will not exceed the maximum rate or amount of
non-usurious interest that may be contracted for, taken, reserved, charged, or received under law. Any
interest in excess of that maximum amount will be credited on the Principal Amount or, if the Principal
Amount has been paid, refunded. On any acceleration or required or permitted prepayment, any excess
interest will be canceled automatically as of the acceleration or prepayment or, if the excess interest has
already been paid, credited on the Principal Amount or, if the Principal Amount has been paid, refunded.
This provision overrides any conflicting provisions in this note and all other instruments concerning the
debt.

Each Maker is responsible for all obligations represented by this note.

When the context requires, singular nouns and pronouns include the plural.

THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT

BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE
ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

Note Secured by Wraparound Mortgage – Page 2

 ______________________________
[Name of Maker]

Note Secured by Wraparound Mortgage – Page 3