TO THE CONTRARY. HEADINGS OF SECTIONS HEREIN ARE FOR
CONVENIENCE OF REFERENCE ONLY, AND SHALL NOT BE CONSTRUED AS A PART OF THIS
AGREEMENT. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT,
REFERENCES TO "SECTIONS" OR "SUBSECTIONS" IN THIS AGREEMENT SHALL REFER TO
SECTIONS AND SUBSECTIONS OF THIS AGREEMENT, AND REFERENCES TO "EXHIBITS" IN THIS
AGREEMENT SHALL MEAN EXHIBITS ATTACHED TO THIS AGREEMENT.
(L)
NO RECORDING.
PURCHASER SHALL NOT RECORD THIS AGREEMENT OR ANY
MEMORANDUM OR OTHER EVIDENCE THEREOF IN ANY PUBLIC RECORDS.
21.
DTPA WAIVER.
TO THE EXTENT PERMITTED BY LAW, PURCHASER HEREBY
WAIVES ANY CLAIMS AND CAUSES OF ACTION ARISING PURSUANT TO THE PROVISIONS OF THE
TEXAS DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION ACT, CHAPTER 17,
SUBCHAPTER E, SECTIONS 17.41 THROUGH 17.63, INCLUSIVE, TEXAS BUSINESS AND
COMMERCE CODE.
PURCHASER HEREBY REPRESENTS AND WARRANTS TO SELLER THAT:
(I) PURCHASER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION IN
RELATION TO SELLER, (II) PURCHASER IS REPRESENTED BY LEGAL COUNSEL IN CONNECTION
WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT, AND (III) PURCHASER IS
PURCHASING THE PROPERTY FOR BUSINESS, COMMERCIAL, INVESTMENT OR OTHER SIMILAR
PURPOSES AND NOT FOR USE AS PURCHASER'S RESIDENCE.
22.
RELA ADMONITION.
PURCHASER ACKNOWLEDGES THAT AT THE TIME OF THE
EXECUTION OF THIS AGREEMENT, SELLER ADVISES PURCHASER BY THIS WRITING THAT
PURCHASER SHOULD HAVE AN
22
ABSTRACT COVERING THE PROPERTY THAT IS THE SUBJECT OF THIS AGREEMENT EXAMINED BY
AN ATTORNEY OF PURCHASER'S OWN SELECTION, OR THAT PURCHASER SHOULD BE FURNISHED
WITH OR OBTAIN AN OWNER'S POLICY OF TITLE INSURANCE.
23.
AGENCY.
CMD REALTY INVESTORS, AN ILLINOIS GENERAL PARTNERSHIP
("AGENT"), HAS SIGNED THIS AGREEMENT SOLELY IN ITS CAPACITY AS AGENT OF SELLER.
IN NO EVENT SHALL AGENT HAVE ANY LIABILITIES OR OBLIGATIONS UNDER THIS
AGREEMENT, ALL OF WHICH LIABILITIES AND OBLIGATIONS SHALL BE BORNE SOLELY BY
SELLER SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
23
IN WITNESS WHEREOF, the parties have executed this Real Estate Sale Agreement as
of the date set forth above.
PURCHASER:
HARVARD PROPERTY TRUST, LLC, a
Delaware limited liability company, d/b/a
Behringer Harvard Funds
By:
Printed Name:
Its:
SELLER:
CMD REALTY INVESTMENT FUND II,
L.P., an Illinois limited partnership
By:
CMD/FUND II GP INVESTMENTS,
L.P., an Illinois limited partnership, its
general partner
By:
CMD REIM II, INC., an Illinois
corporation, its general partner
By:
CMD REALTY INVESTORS,
an Illinois general partnership, its
agent
By:
Printed Name:
Its:
24
EXHIBIT A
LAND
BEING A TRACT OF LAND SITUATED IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, PART
OF THE ELI SHEPHERD SURVEY, ABSTRACT NO. 1361, AND BEING LOT 1A, BLOCK B/B8228,
BENT TREE OFFICE ADDITION NO. 1, RECORDED IN VOLUME 83192, PAGE 2852, DEED
RECORDS OF DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8-INCH IRON ROD FOUND FOR THE NORTHERLY NORTHEAST CUTBACK
CORNER OF THE INTERSECTION OF DALLAS PARKWAY (200 FEET WIDE) AND KNOLL TRAIL
DRIVE (60 FEET WIDE), SAME BEING