text:
India completes electrification of all of its villages, after over 70 years of Independence
India completes electrification of all of its villages, after over 70 years of Independence
- By Ronak --
- Sunday, 29 Apr, 2018
s electricity reached Manipur's Leisang village during the evening on Saturday, India, after more than 70 years of Independence completed the electrification of all of its villages.
Leisang village is located in the Senapati district of Manipur with its 65-strong population (2011 census) which now joins the other 597,463 census villages in the country who has the access to electricity.
The idea of electrifying every village in India was said by PM Modi in his August 15 speech in 2015 where he had promised electrification all un-electrified villages within 1000 days.
The task took 988 days (as on April 28, 2018) to complete and is being attributed to an effective implementation of Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY) through Rural Electrification Corporation by the Ministry of Power.
Prime Minister Modi also tweeted about the development this morning.
28th April 2018 will be remembered as a historic day in the development journey of India. Yesterday, we fulfilled a commitment due to which the lives of several Indians will be transformed forever! I am delighted that every single village of India now has access to electricity.
— Narendra Modi (@narendramodi) April 29, 2018
By April 1, 2015, as per government records, India had about 18,452 unelectrified villages. Since then until April 28, 2018, India has managed to electrify close to 16 and a half villages every day.
There were 1275 additional villages that had no electricity as per the DDUGJY website. These villages are also been included in the national power grid or have been electrified by off-grid solutions.
In another tweet this morning, Prime Minister Modi credited "all those who worked tirelessly on the ground, including the team of officials, the technical staff".
I salute the efforts of all those who worked tirelessly on the ground, including the team of officials, the technical staff and all others, to make this dream of a #PowerfulIndia a reality. Their efforts today will help generations of Indians in the coming years. pic.twitter.com/t8WjZgpNuT
— Narendra Modi (@narendramodi) April 29, 2018
As per data from the World Bank, about 79.17% of India had access to electricity in 2014.
An electrified village as per the government definition, has the following: (i) provision of basic infrastructure such as distribution transformers and lines in the inhabited locality, (ii) provision of electricity in public places like schools, panchayat office, health centers, dispensaries, and community centers, and (iii) at least 10% of the total number of households in the village are electrified.
Piyush Goyal the BJP leader and current Minister of Railways and Coal, who was at the helm of the power ministry between 2014 and 2017, tweeted to express his contentment.
Under the decisive leadership of PM, @NarendraModi India has finally been able to electrify all its villages before the set target date. With the elimination of darkness from the lives of fellow Indian villagers, we commit ourselves to building a new and #PowerfulIndia pic.twitter.com/TJ8irmx4tk
— Piyush Goyal (@PiyushGoyal) April 29, 2018


text:
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subset: commoncrawl


text:
Experience farms in Minecraft are some
of the best type of grinder because getting levels is the only good way
that you get good enchantments on your armor. But a lot of times the best XP farms
are very late game that use Enderman as their XP source. With this farm
you don't need to kill any mobs. It will store all of the XP for you in
like an experience bank and then you can withdraw that XP any time
you want. Once again, this can be done in really it can be
done in peaceful mode because there is no killing of mobs with this farm. This farm design was from EagleEye621 I
will put a link to his original video in the description below. So make sure you check out his
video and without further ado, let's build this thing. I'm going to
be building it in survival by the way. So let's build this thing [inaudible]. So here we are inside of Minecraft and
this is what we are going to be making. You can think of this as an XP farm. I've also heard it being
described as an XP bank, but basically what is happening is we
are creating bamboo and cactus incredibly fast. As you can see, the bamboo breaking
off of here, that's super duper fast. And then every once in a while there
will also be a bit of cactus that is created as well. Both of those using these super awesome
farms right here will be fed into furnaces and automatically smelted up. So the bamboo's being used as fuel and
the cactus is being used as the thing that is being made that outputs
a ton of green dye right here. And you can either keep that around
or just throw it out. It's up to you. And then whenever you need
experience, you can switch this lever. And what it will do is it will lock
all of the hoppers on the bottom, allowing you to actually grab the
green cactus dye out of the furnaces. With this turned off, the green dye
will just disappear immediately. It looks like nothing is coming out. Uh, but you do need to be able to grab
something out of a furnace in order to get all the experience that has been stored. And all of this is based off of the
behavior that whenever you smelt up items, you sometimes get experience. Uh, depending on the item you can get more
or less experience and that is actually stored inside of the furnace until you
take that item out of the furnace and that is still stored. Even
if a hopper pulls it out, you just need to pull out a single item
and then all the experience that has been stored up inside of that
furnace will be given to the player. So currently I have zero experience and
I am in survival and this hasn't been running for too very long. You can kind of see here how
long it's been running for. This first one has been
running for the longest, so I'm just going to go ahead and pull
the green dye out of and look at that nine levels. And obviously you
would be running this for a long, long time, probably all the time. And then you would get all of the levels
out that you need and they're just stored there for whenever you
need to walk over and grab them. This I'm going to build in survival, so let's switch over to
survival and do it together. So here we are inside of Minecraft and
because what we're about ready to build is so loud, I'm going to purposely build this up high
in the air and that'll also make sure that I'm not too worried about how like
how deep into the ground it's going to go or anything like that. Cause you do need to make
sure that it is above ground. I especially where you start quite a ways. So I'm just going to look for an area
that's kind of free and right near this a tree thing is pretty free. So I'm just going to build up
until I can't hear the blocks, the scaffolding being placed anymore. And that means that nobody else will be
able to hear this super loud machine up here. Okay. So I'm sort of
building a temporary platform. I may move this down in just a bit, but first we are going to build
the first half of our AutoFarm, that super fast farm. So we're going to go ahead and
place down a single block like this. Then we're going to come out and place
two down and that block in the middle, we can go ahead and break.
That was a temporary block. Then I'm going to place one up here
and off to either side on both sides, so one there and one there. So here are the materials that
you'll need to start building. I'm going to be using these
smooth stone as the block. These can just be really any solid block
at all. You'll need at least four sand. You'll need four sticky
pistons, 10 normal Pistons, at least nine redstone dust,
three levers, two observers, five furnaces, sixish glass, or you'll just need glass of some
flavor. And this can also be, it doesn't have to be glass,
it can also be a solid block. It just kind of looks a
little bit better with glass. But I'll actually need to
go grab some more glass. You'll need some amount chests
and at least 27 hoppers. You may need more depending on how big
you want the the overflow to be when it comes to the hoppers, you'll
also need four redstone torches. Then you'll also need some
bamboo and some cactus. There's a cactus farm right there, so I'm going to go grab some
cactus in just a moment. So we sort of have this shape that
almost looks like a longhorn of a of some flavor. You're going to take one of the torches
and another or the torches and put them on either side of that. Then you're going to take some redstone
and place it over there on either side and one of your levers. You're going to grab that and put it
on the opposite side of this block. We may want to turn that on, which will turn off the torches just
so that things don't start firing like crazy. Now we're going to
take our sticky pistons. We're going to put one facing
this way, one facing that way, and now it is time to put down our sand. We're going to put one right where
we're standing and one on either side. It doesn't matter which
side that you choose. Now it is time for the regular piston. You're going to put a one on either side
above the sticky piston and then you're going to have to come below
and do the same thing. So you have pistons above and below,
both firing toward the sticky piston. This is actually ready to start
growing whatever the heck we want. So we can either start with bamboo or we
can start with the cactus, the bamboo. Make sure that it is not a baby. Make
sure that it has grown at least once. And then you can go ahead start this
farm and it will fire like crazy. And if we just go ahead and break this,
it will make another one very quickly. As you can see, I'm going
to go ahead and stop that. And the you do need to know that
your bamboo needs to be lower, one block lower than whatever
you're going to be furnacing up. So that will be our cactus. So we'll
start to build our cactus area over here. So if that very first block
that we placed was right here, we need to make sure that we leave an
empty block and empty block and then up one block just like
this for the next block. So we're going to head
up here and place this. This is our first block for the build
right there and just like the other one we're going to come out. But we are doing this as a
mirror image of the first. So we are making, I feel like it's like
a bull's head or something like that. But uh, we basically make sure that
if our first one was pointed this way, the other one is pointed
at the other direction. These will look like this
once you are finished. Now we do the exact same thing
we did on the other side, which is to put down redstone on either
side of that first block that you placed redstone dust on the ones just behind it, a lever on the other
side of your first block, a some pistons firing, which will
fire above these redstone torches. And then your normal pistons. The
first ones were sticky pistons. Your normal pistons above and below, making sure to point towards
those sticky pistons. Now we can place down our sand one
there one there and it'll start firing. So we're going to jump to the other side
of this turn. Switch off that lever. There we go. So now it
is quiet. As we build, we can go ahead and place down
our cactus and turn this on. See how long it takes. There
we go. That's pretty fast. Ah Yeah. There we go. It's working
just fine. Yeah, even on a server. So now we need to set up
our auto harvester of both
the bamboo and the cactus. So what we need to do is get
our observers, our pistons, and a little bit of a some solid blocks. So first we're going to put the
observer facing into the redstone. It can be on either side,
so that doesn't matter. So we're just going to face it into the
redstone and make sure that little red dot is on the top. Then we're going to take a solid block
and place it on top of that and then a piston. And we're going to stand on top of this
cactus to make sure that it fires over the cactus. So this will be pushing
the premade cactus off of that. And we're doing the exact same thing
over here where we placed down our solid block and then make sure that our
piston is going to fire into the bamboo. So now we are going to capture what
those make and to make it easy on us, I'm just going to go ahead
and put a buffer chest. This chest is just make sure
that things, if items overflow, they go into this chest here instead
of just piling up in the hoppers, which don't have a ton of
room. And I of course, I hate scaffolding Uh, so now we're going
to take a few of our hoppers, specifically two to be exact and we're
going to put one and one into each of these chests. This one will
capture the bamboo bamboo. That one will capture the cactus. Now it, we need to put glass around this to
make sure that our items don't go fly in every direction. And
we're going to do that. Let me grab some temporary blocks so
you don't have to break all my glass, even though I have silk touch, I guess
I don't need to do that. But anyway, we're going to put one above and one to
the side and then another one over to the side that'll make sure that it
doesn't go flying off in this direction. And we're just going to
continue that for two, for two. So you've got two blocks there.
Same thing over here, two blocks, another block, another block, and
then two blocks, just like so. And if for some reasons,
every once in awhile, uh, a bamboo or a cactus may fall down
this, if that just annoys you, you can place up some glass like
down here and below it, but, uh, that doesn't tend to bother
me. So, uh, that's just fine. But we're just gonna make
sure that there's pistons. We'll push it over into
our hoppers right here. Now we can go ahead and turn both
of these on and get them started. But of course it's a lot of piston noise. So we're going to go into our music
and sounds and turn, block sound off. And that way we don't have to listen
to those pistons firing all the time. So if you remember, our bamboo is going to be the fuel and
the cactus is going to be what we are using that fuel to cook. So we
need to now make our furnace array. And how this will work is
we'll have one line of, Oh man, it looks like we're getting
a little bit of lag here, but we'll have one line of furnaces,
uh, kind of headed this way. And then another line, uh, poking
into the furnaces this direction. So we want to start by placing down
our furnaces in a way that we like. So it looks like because of how I made
these, I didn't really plan on this, but the furnaces will face this way. So this will be the front
of the furnaces over here. So we're going to go
ahead and place them down. We're placing these directly
underneath the chest. So right there, so you can see that it's directly above
the cactus chest and we're just going out for five. Five is really the
limit that this farm can produce. So you only really need
to make five at all. Now we're going to take our hoppers and
we're going to put them facing into the backs of the furnaces. So just like that, and now I'm going to put down a temporary
block and point all of the hoppers into each other on this temporary block. That'll mean that they
try to flow this way. If there happens to be
a hopper below them, that hopper will take priority
before it pushes to the next hopper. So this hopper will suck it out
and put it into this furnace. And so you can already
see there is bamboo, uh, in that furnace and we're just gonna
drop the rest of our bamboo in there. And I'm going to drop the rest
of my cactus in there as well. Now for the cactus, we're
going to do the same thing. Basically we're going to put hoppers
pointing into the top because that's where the cactus needs to go. We're going to put down some temporary
blocks here and then we're going to point all of our hoppers into that
so that they go down the line. And with this one right here we
should see our first furnace turn on, which is exactly what happens. Awesome. We are really close to
this being finished. First we need to add some hoppers into
the bottom of this and so I'm going to go down and make my scaffolding go a
little bit further on here. Okay, so these are my furnaces right
here. This is the last one. I'm going to place a temporary block
there and we're going to try to point all of our hoppers into that so that they
will push down the line and we'll finish off with that one right there. And I
don't suspect this to get too too full, so I'm just gonna go ahead
and break right there. And these were all my temporary blocks
from before so that the hoppers would point correctly and I'm just going to
take a chest and place it here and here and that will just filter all of the
green dye into this double chest. Finally, we need a way to stop the
hoppers from pulling away the cactus, the green dye, I should say too fast because after
it finishes it's just gone. Oh, I can't grab it. So we're going to use our redstone and
our final lever and we're just going to place those in front of all
of the furnaces and then
the lever just on the end and that way when we power it, it'll
power the block underneath the redstone, which will actually end up
powering the hopper over there, which means that once it's finished, the
hopper below will not pull out the dye. Currently I'm at three levels exactly, which is kind of interesting and survival
and we're just going to pull this out and I go up a level so it
hasn't really done a ton. We can see exactly how much
cactus it's done. 16 cactus, so 16 cactus gave me a level. And the idea is that you would
let this run for hours and hours, maybe even days before you come up here
and try to snatch some green dye out of there and then that is when you would
get lots and lots of levels and this is like your level bank. I'm going to finish up this bill just by
placing a few jack-o-lanterns down as a nice light source for everything and
that means that nothing should spawn. Maybe I need to put a few extra up there, but this is just been
running just fantastically. We're already at a stack of
cactus. Let me look back here. We got a full thing of bamboo in a
whole bunch of these. Oh my gosh. Yeah. In the first two and then the cactus
would show up and here you have one bamboo in there. It looks good. It looks,
looks like this is running just fine. By the way, don't worry too much if you
get a few pieces of bamboo up in here, as long as they're not taking
up every single item slot. Then this will run just fine. You may
want to check every once in awhile, but because this will have cactus here, it's not going to try to force
bamboo into that top slot. So you don't have to worry
about that. Oh, by the way, remember to turn off your redstone that
way the hopper underneath can suck out this, uh, this stuff for you and you
don't have a backup, uh, for that. But that's it for this XP farm. Hope
you enjoyed this farm. Once again. Big thanks to EagleEye621
for the original farm design. Check the description for that video. I
hope that you enjoyed this. If you did, please give this video
a big ole thumbs up. Leave a like that really
helps out the channel. Also, make sure you subscribe for future
videos, tips, tricks, tutorials, and spotlights here on OMGcraft.
See you next time. Bye!


text:
"I can't advise on how to make one's writing more Poe-like because I don't admire purple prose."
It being his birthday today I feel it only fitting to let Poe's prematurely buried spirit utter its "Nemo me impune lacessit." To say Poe's prose is purple is to call it, as this writer also does, "the overwrought, some say hysterical, prose of Poe." This writer offers it as representing one end of the writing spectrum, with the "minimalist approach as used by Carver and at his best Hemingway" as the other.
To say some among Poe's narrators are overwrought and sometimes hysterical seems to me fine, as a statement. So does saying that some among Poe's narrators are saturated with rationality. We could also say that some are murderous, because of their being actually murderers; or that some are witty. Poe himself takes no place among the characters in his stories. His stories require that their narrators be someone other than Edgar, in order to work.
Clearly Poe put words in his narrators' mouths, or writing hands. I hope no one sees this as a damning observation: for he did so with a fine command of his materials.
Clearly, too, Poe worked in a literary atmosphere influenced by the Gothic; and his genius likely found this influence inescapable because complete escape offered no particular attractions. Yet his vision arose from within a sphere of other influences, as well, including that of Milton—although some readers may regard Milton, too, as "overwrought."
In any case, even if an author's narrator's expressions might seem to do violet violence to the English tongue, for someone to take that one narrator's narrative rhetoric from among the variety to be found within that author's works, and then to glue that particular rhetoric-name as a generalization upon that author's prose, strikes me as unfair to the author, and unbecoming to the one so gluing.
One might as well call "The Cask of Amontillado" purple in its prose because its hapless character Fortunato, who is not the narrator, in essence purples himself with wine.
Poe's prose offers many examples of his utter clarity of expression, as well as his economy of expression. These should offer correction enough to any accusation of purpleness in his prose.
(At a time when I was reading more Hemingway than I have in recent years I happened to read "Amontillado" for what seemed the first time. It may well have been my first time as an adult reader. I recall clearly my impression upon emerging from it that Hemingway would never have become the writer he did without Poe's story to point American letters in the direction it did.)
While as a reader I relish some wildly absurd passages in Poe's stories, I cannot call his prose in general wildly absurd, even as to its content. The absurd, however, has its place as a technique in his tool box. Similarly we would find Gothic excess to be a technique in his tool box. Similarly, too, we would find expressive restraint.
Among his stories we encounter some among the most analytically constructed works we ever will. In thinking and speaking about Poe we need to keep in mind his distinct and distinctive grasp of literary craft.
Grapes going into a crush destined to become Amontillado, by the way, I imagine must be darkly purple. Any excess of color falls away, however, by the time of casking. This happens to some degree naturally during the wine-making process.
Yet it happens to some degree, too, thanks to the skill of the winemaker.
Cheers ...


text:
The most commonly used residential sales contract in Texas is the One to Four Family Residential Contract (Resale) promulgated by the Texas Real Estate Commission as form number 20-13. The blank form is available at www.trec.state.tx.us. I will refer to it as the "TREC 1-4 contract." All licensed brokers and agents are required to use this contract and other TREC promulgated forms when representing clients in the purchase and sale of real property. Non-license holders and attorneys may use any format they wish. Note that our comments in this article are not intended as comprehensive instructions on how to complete the TREC 1-4 contract or as a substitute for using the services of a broker, agent, or real estate attorney. We merely touch upon the highlights.
Real estate investors will find that they are almost always better off using the TREC 1-4 contract with appropriate addenda rather than anything simpler that is supposedly designed or streamlined for investor use-and that includes the modified contracts that emerge from the multitude of real estate "guru" seminars. Accordingly, an experienced investor will become familiar with the various options and boxes to be checked in TREC forms and learn how to tailor a contract to his or her advantage.
The truth is, even when amicably conducted, the sale and purchase of real estate is by definition an adversarial transaction. From a lawyer's perspective, producing a contract and closing documents that advance the client's best interests is the whole point of the exercise. Experienced negotiators, however, know that it is better not to demand changes that you yourself would not be willing to grant if you were on the other side of the transaction.
Let's assume that you find the existing text and format of the TREC 1-4 contract to be inadequate for an upcoming transaction. How should revision of the TREC 1-4 contract be accomplished? One way is to make changes on the form itself-strike, insert, and initial with pen. This is legally valid although it can get messy if there are lots of alterations. It is often cleaner to attach a special provisions addendum that supersedes any printed form provisions that may conflict. Only items to be altered are mentioned in the addendum. This method of modifying the contract has an obvious advantage in negotiations: it is immediately apparent, on a single page or two, which terms are being changed and which are not. Another advantage to the addendum method is that brokers and agents are more comfortable with it, since the actual body of their familiar TREC or TAR contract has not been changed.
Another possibility is to design an entirely custom contract suited to the specific circumstances, but this seldom happens since non-standard contracts tend to push agents and brokers out of their comfort zone, at least in the residential arena. Custom contracts are much more common in large commercial transactions.
If your choice is to add a special provisions addendum, the wording "See Special Provisions Addendum attached hereto and incorporated herein" should be inserted in paragraph 11 (Special Provisions) of the TREC 1-4 contract. Also, in paragraph 22 (Agreement of Parties), the box "other" should be checked and "Special Provisions Addendum" inserted in the line that follows.
A further note as to paragraph 11 (Special Provisions): it is a blank space available for inserting extra comments, but its permitted use by brokers and agents is limited to "factual statements and business details applicable to the sale"-i.e., not modification of text or addition of provisions that are primarily legal in nature. It is therefore not the appropriate place for license holders to insert provisions that have legal implications (unless this insertion is suggested by an attorney for one of the parties) nor is it usually an acceptable substitute for a special provisions addendum when dealing with a creative or complex transaction. For one thing, the blank space offered by the form has been reduced over the years and is now too small to include much additional text. A special provisions addendum is usually the better way to go, whether one is a license holder or an unlicensed investor.
Caution: certain of the above customization methods are likely, at least in the case of substantive contract changes, to constitute the practice of law. While it is unlawful for anyone to practice law without a license, doing so is particularly problematic for real estate license holders, who may as a result incur both TREC sanctions and considerable liability to their clients. License holders should generally refer their clients to a real estate attorney if non-standard provisions or changes are contemplated.
The seller usually has the simpler side of the transaction, at least when it comes to modifying the contract. First and foremost, the seller wants to make sure that a buyer is serious and capable of following through. For this reason, the seller may want to require that the buyer submit a pre-approval letter with the contract. Also, a contract should arrive with sufficient earnest money and show that the buyer will be making a substantial down payment. Other concerns of the seller include:
(1) "As Is." The seller usually wants to convey the property to the greatest extent possible "as is" without responsibility for repairs or any representations or warranties (other than warranties of title), particularly those that survive closing. This means checking the box at 7.D.(1). The latest TREC 1-4 contract includes a fairly good explanation of what it means to convey property "as is:" it "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." Not bad, but there are much better "as is" clauses available, for instance:
In the case of contracts for the sale of commercial property, the "as is" clause in the earnest money contract should go on to extensively disclaim environmental liability. If the seller will require an indemnity on environmental issues, mention of this should also be included.
Care should then be taken to assure that the warranty deed presented to the seller at closing does in fact include "as is" language and require the signature of grantee as well as grantor. It is not sufficient to rely on contract language, since pursuant to the doctrine of merger the final closing documents (the deed, note, and deed of trust) usually control going forward.
Note: if the seller performs any repairs and treatments prior to closing, as paragraph 7.D.(2) may require, then the "as is" clause should specifically include these within its scope, thereby preventing the buyer from later claiming that such repairs were warrantied by the seller.
Lastly, if there are adverse conditions or defects known to the Seller, the Seller will want to use the contract as a means of fully disclosing these conditions, up front and in detail. In other words, the seller never wants to be in the position of being accused of withholding such information, or minimizing it, or glossing over it. Get it out there, in full.
(2) Buyer Due Diligence. The seller should make it clear that due diligence duties are the sole obligation of the buyer (including obtaining inspections, determination of square footage, an appraisal, a title commitment or policy, legal advice, and the like). Reliance on any statements by seller or seller's agents should be expressly disclaimed.
(3) Existing Survey. If an existing survey is supplied by seller to buyer, the survey should be supplied "as is" without warranties. If the buyer wants someone to hold liable for survey currency or accuracy, then the buyer should be required to obtain a new one at the buyer's own expense. And there should be no automatic extension of the closing date for survey-related issues.
(4) Curing Objections. The TREC contract allows the buyer to submit objections to the survey or the title commitment which the seller "shall cure" so long as the seller does not have to incur any expense in doing so. The seller should want to make it clear that seller may but shall not have the obligation to cure any objections; further, in the course of attempting to do doing so, seller will not be bound to expend effort or expense. The seller probably does not, for instance, want to have to cure heirship objections to title and do so "within 15 days" as called for by the contract. Basically, the seller wants cure efforts to be entirely at its discretion. And the seller certainly does not want the failure to cure objections (or failure to even try) to be construed as a default that could result in a lawsuit from the buyer.
(5) Specific Performance. "Specific performance" is an equitable remedy available to a buyer who pleads and proves that he was ready, willing, and able to perform according to the contract-although actual tender of the purchase price is excused if it would be a useless exercise given the obvious default of the seller. DiGiuseppe v. Lawler, 269 S.W.3d 588, 593-594 (Tex. 2008). It is in the seller's interest to avoid the possibility of being sued for specific performance since this might result in a lis pendens (public notice of the suit) that could cloud title and prevent sale of the property to anyone else. Accordingly, specific performance as a buyer remedy should be struck. And since specific performance is generally an ineffective remedy for the seller, there is no reason from the seller's point of view not to agree to strike specific performance all around.
(6) Content of Warranty Deed. The seller should exercise at least some control over the content of the warranty deed that conveys title to the buyer instead of merely accepting a basic assembly-line version supplied by title company attorneys. As previously noted, the seller may want to require inclusion of comprehensive "as is" language along with the buyer's signature indicating the buyer's assent to this provision. The seller may also want to expand that section of the deed entitled "Exceptions to Conveyance and Warranty" to include "all matters of which Grantee has actual or constructive notice and all matters excepted from coverage in any owner's title insurance policy issued to Grantee in connection with this conveyance." The seller generally pays for the warranty deed, so there is no reason why the seller should not have input into what it contains. This will require obtaining a copy of the proposed deed prior to closing.
(7) Assumptions. In assumptions, the seller should assure that there will be a mutually acceptable deed of trust to secure assumption (with a due-on-sale clause) as well as an assumption agreement that specifies when and to whom the buyer will make payments, how casualty insurance will be handled, and other oft-overlooked but important details. The assumption agreement should also include disclosure of the potential future impact of any existing due-on-sale clause and provide a course of action in the event due-on-sale is invoked by the lender.
(8) Seller Financing. If there is seller-financing, it is in the seller's interest to control the terms and conditions of the note and deed of trust beyond what is provided in the TREC Seller Financing Addendum-and then, ideally, obtain early approval from the buyer for all seller-financing documents. By early, we mean well before closing since last-minute disputes about the form and content of seller-financing documents have ended more than one transaction. Many attorneys like to attach the form of these documents to the contract as approved exhibits-a great practice, although this more commonly occurs in commercial transactions.
(9) Wraparounds. In the event the transaction is a wrap, there should be a wrap addendum that addresses pertinent details. Since there is no TREC or Texas Association of Realtors promulgated addendum for this, a custom addendum drafted by an attorney is needed. As is the case with assumptions and seller financing, early review and approval of legal documents is preferred. Again, the best way to do this is to attach the pre-approved legal documents to the sales contract itself, although this seldom occurs because the parties are usually in a rush and reluctant to pay an attorney to create documents at this early stage.
(10) "Sub2" Transactions. In the case of a "subject to" transaction, precise language to this effect should be included in a custom addendum to the contract since there is no TREC or TAR addendum for a sub2. As is the case with a special provisions addendum and a custom wrap addendum, drafting a custom sub2 addendum constitutes the practice of law.
(11) Seller Representations. These are generically referred to by lawyers as "representations and warranties" (or "reps and warranties" for short) and they occur in nearly every contract pertaining to the sale of real estate. Paragraph 19 states "All covenants, representations, and warranties survive closing." Really? Forever? This is clearly not in the seller's interest and should be struck and the change initialed. Just as the seller wants to convey the property "as is," at least to the maximum extent possible, a seller should also prefer to put a period on any ongoing liability. Note that the last sentence of this paragraph (allowing for back-up offers) should remain.
The foregoing is a partial list of seller concerns. There may well be other items to consider based on the unique nature of a particular transaction. Each item can be effectively addressed by a customized special provisions addendum that is brief and to the point.
As an aside, be cautioned that the TREC 1-4 contract should never be used as a substitute for a contract for deed or other executory device. Given changes to Section 5.061 et seq. of the Property Code, this practice, always dubious, is now out of the question.
If a condition could reasonably affect the decision by an ordinary buyer to buy or not buy, then it should be disclosed, even if the conveyance is to be made "as is." That may mean going beyond the Seller's Disclosure if that form does not provide sufficient scope or detail. Failure to do so could violate the Deceptive Trade Practices-Consumer Protection Act ("DTPA"). See Tex. Bus. & Com. Code §§ 17.41 et seq. However tempting it may be for a seller to avoid disclosure of a material fact or condition, it is not worth risking a lawsuit that ends with a judgment for treble damages plus attorney's fees.
A buyer's concerns are more complex. Generally, the buyer should want to know everything there is to know about the property, whether that information is derived from due diligence, a title commitment, a survey, disclosure by the seller, information provided by a broker, or even gossip from neighbors. "Buyer beware" still has considerable meaning in the purchase and sale of real estate.
There is no excuse for a buyer failing to do his or her homework on a property or failing to read documents before signing them. We live in an information society. Not putting forth a minimum effort to obtain information about a property one is buying (not having it professionally inspected, for instance) looks more and more . . . well, stupid-and judges and jurors are likely to see it that way, particularly when it comes to real estate investors. "Sophisticated parties, like all parties to a contract, have an obligation to protect themselves by reading what they sign." Thigpen v. Locke, 363 S.W.2d 247, 253 (Tex.1962). Yet there continue to be suits by buyers who claim they were absolved from their duty to inspect or read documents because they were rushed or pressured by the seller. Such a claim will likely not stand up in court.
Specific items of concern to the buyer:
(1) Financing Contingency. A buyer should want the third-party financing contingency to be a true contingency governed by specific parameters. The TREC Third Party Financing Addendum states: "Buyer shall apply promptly for all financing described below and make every reasonable effort to obtain credit approval for the financing, including but not limited to furnishing all information and documents required by Buyer's lender." Is this sufficiently specific to protect a buyer from accusations by a seller who argues that the buyer failed to "apply promptly" or make "every reasonable effort" to get a loan? Does "promptly" mean two days or twenty? Does "every reasonable effort" require application to one lender or four? The text is silent on these specifics. Moreover, nowhere in the contract or in the TREC Financing Addendum is it spelled out what constitutes adequate evidence of failure to get financing. Can the buyer be sure that the seller will take the buyer's word and agree to return the earnest money? These issues may not be so compelling if the earnest money is only $500 . . . but what if it is $5,000 or $15,000, amounts that are not uncommon in sales of higher-end properties? It is also to the buyer's benefit to specify that providing a "turn-down letter" shall be conclusive, indisputable evidence that financing was denied.
(2) Assumptions, Seller Financing, and Wraps. If the transaction involves an assumption, seller-financing, or wrap, there is always the issue of the specific content of legal documents that the buyer will be asked to sign at closing. We have discussed this from the seller's side, but in many cases it is just as important to the buyer. The TREC Loan Assumption Addendum and the TREC Seller Financing Addendum are reasonably detailed, but what if the seller's attorney includes unexpected or oppressive clauses in the note or deed of trust? Does the closing fail? Is there a breach? It is wise to anticipate and prepare for these issues well before closing. Again, a special provisions addendum may be useful. Even better, a careful buyer may want to see and approve the form of the warranty deed that the seller will deliver at closing.
As noted, there is no promulgated addendum for a wrap, yet many pesky details need to be addressed. Is the buyer fully informed about the particulars of the wrapped debt? Has the buyer seen copies of the existing note and deed of trust? How can the buyer be sure the seller will pass monthly payments along to the first-lien lender? Will the buyer have the right to contact the lender or receive written evidence from the seller that payments are current? What happens if the lender exercises due-on-sale and accelerates the wrapped note? What about casualty insurance? Wrap issues should be addressed in a custom wrap addendum to the TREC 1-4 contract, followed by a detailed wraparound agreement signed at closing. Additionally, wrap deals may include extra seller financing in the form of a second or third lien. The down payment on a wrap may even be financed by means of a down payment note. What will the seller-financed note and deed of trust look like? The buyer's attorney should see all this coming and insist on reading and approving draft legal documents early on. Ideally, no buyer should be ambushed at closing with documents that the buyer has neither seen nor agreed to.
(3) Disclosure of Material Conditions and Defects. Disclosure is often the buyer's biggest concern. A Seller's Disclosure (TREC form OP-H) is required by Property Code Section 5.008, which states that "[a] seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section." Section 5.008(d) goes on to say that the "notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller." There are exceptions, notably as to previously unoccupied new homes.
The Seller's Disclosure has several problems from a buyer's point of view. First, the form states, right at the top, that "IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS." Why not? The form's utility as a disclosure tool is diminished by this statement. The buyer's attorney should consider using a special provisions addendum to convert the Seller's Disclosure into a set of express representations and warranties.
Second, disclosure of defects and conditions is limited to the seller's knowledge and awareness-not the highest standard. What the buyer is concerned with is not what the seller knows or says he knows, but with what is actually true about the property. It is just too easy for an unethical seller to later say, "Oh, I didn't know about that." Sometimes problems can be detected by inspections and other due diligence, sometimes not. Often, the truth is discovered only after subsequent conversations with neighbors-who may take perverse delight in reporting that not only did the seller know about water penetration behind that faux stucco, he personally patched and painted it to conceal the damage. The buyer should want to know about any such repairs and ask to see contractor paperwork to determine the extent of the work done, whether or not proper permits were obtained, and whether or not there is a transferable warranty. Broadly speaking, what a careful buyer wants is something stronger than what is offered by the Seller's Disclosure, namely an express representation and warranty by the seller that certain defects and negative conditions do not exist.
Finally, at no point does the seller expressly state, swear, or affirm that the Seller's Disclosure is true and correct. Most everyone assumes that this is so since the seller signs it. But look closely-the form does not say that, merely stating that "This Notice is a disclosure of seller's knowledge. . . ." This is another disappointment for the buyer. From the buyer's point of view, there is no substitute for maximum, unconditional disclosure backed up by meaningful recourse against the seller that survives closing.
What about previous inspection reports? Neither the contract nor the Seller's Disclosure obligates the seller to provide them. The buyer should therefore always request copies of these.
(4) Joint Tenancy with Right of Survivorship. The buyer also has an interest in the wording of the warranty deed. For example, unless otherwise instructed, title company attorneys will list the grantee as "John Jones and wife, Mary Jones," creating tenancy in common. This form of co-ownership does not provide for the surviving spouse to automatically inherit the entire property when the other dies. Title to the property vests in the surviving spouse only if the property is community property and the deceased had no children or, if there are children, all of them are the result of the marriage between John and Mary. Accordingly, if it is the desire of the buyer to use the deed to do some basic estate planning, an entirely reasonable goal, then the grantee should be listed as "John Jones and wife, Mary Jones as joint tenants with rights of survivorship as provided by Texas Estates Code Section 112.051 and not as tenants-in-common," and both grantees should sign the deed-which will then constitute a written agreement in compliance with the statute. This adds value for the buyer at no cost to the seller.
(5) Sub2 Transactions. Investor buyers will often want to take title "subject to" existing indebtedness. Express language (both in the buyer's addendum and in the deed) to the effect that the buyer will not be assuming the obligation to pay the existing debt-and therefore the seller will not be released from the loan until it is paid-is essential in forestalling subsequent claims by remorseful sellers who suddenly realize that they remain on the hook for their old loan with no control over whether or not the current owner makes monthly payments.
(6) Legal Description and Survey. The contract must describe the property with reasonable certainty using lot-block-subdivision information or metes and bounds. It is not enforceable otherwise. Note that the weight of Texas case law suggests that a mere street address is not enough.
The survey should be studied carefully to assure that it matches the legal description provided. Major variations are a problem. To the extent that there may be minor variations, use of a recent survey description is preferred over the legal description contained in the prior deed to the seller.
It is usually in the buyer's best interest to delete the "survey exception" to title insurance coverage by requiring that the standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements be amended to read "shortages in area." The TREC 1-4 contract offers offer a box at 6.A.(8) to be checked for this purpose. Although negotiable, the buyer usually pays for this.
While a new survey is almost always a good thing, a cash buyer may want flexibility as to whether or not to order a new survey if the seller does not have an existing survey or fails to deliver it pursuant to paragraph C(1). The alternative offered in C(2) states that the buyer shall order a new survey; but this mandatory language may not be necessary, and the buyer should not be compelled by contract to order a new survey if there is no lender involved that requires one.
The buyer may want to specify that failure by the seller to supply the existing survey will, at buyer's election, be a default and cause for termination and return of the earnest money. It may be advantageous to have a clean "out" (i.e., exit from the contract) for the buyer rather than a mere seller default. The difference? The first supplies the buyer with an exit from the contract (along with return of earnest money), but the second only gives the buyer grounds for a lawsuit-an expensive and time-consuming remedy. As a rule, good contract draftsmen prefer the former rather than the latter.
(7) Seller's Representations. Because of concern with full disclosure, the buyer may not be satisfied with the language of paragraph 19 (Representations). This paragraph states that "If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default." Again, this merely provides grounds for a lawsuit; it does not facilitate the buyer's expedient termination of the contract and return of the earnest money plus out-of-pocket expenses, so a special provisions addendum should address this and other representations and warranties that may be desirable from the buyer's point of view.
For instance, what about asking the seller to declare that he or she has made full disclosure of any item that could materially affect the buyer's decision to buy or not buy? Or what about openly declaring that the Seller's Disclosure is true and correct? Any deal where a seller refuses to agree to such terms should be avoided as if the property were radioactive (it just might be). There are many such "reps and warranties" a buyer may want from a seller that are not on the TREC forms. Here is one of my favorites: Seller represents and warrants that: (i) the improvements on the Property have never been flooded or penetrated by water from any source, including roof leaks, wall leaks, or slab seepage; (ii) the lot or tract drains properly - no part of it experiences standing water after a rain; (iii) the Property is not with an area designated by H.U.D., the Army Corps of Engineers, or any governmental agency as having an increased likelihood of flooding; and (iv) there is not, nor was there ever, any evidence of mold in any of the improvements. And where do these additional representations and warranties go? In a special provisions addendum.
(8) Restrictions. Applicable covenants and restrictions should not be overlooked as part of the buyer's due diligence. Title companies like to provide these at closing, if at all, but by then it may be too late for the buyer to back out. If a specific use of the property is vital to the buyer (for instance, a day-care center in a neighborhood that is transitioning out of exclusively residential use) then a request for a copy of the restrictions should be made during the option period. The specific use should also be expressly described in the blank at paragraph 6.D of the TREC 1-4 contract.
(9) Final Walk-Through. The buyer should have the unconditional right to do a final walk-through when the property is vacant and all furnishings removed. It is best to do this in the hours immediately prior to closing. If there is a material adverse change, the buyer should have the right to terminate and receive the earnest money as well as compensation for expenses.
(10) Seller Default. Just as the seller would prefer to eliminate specific performance (paragraph 15(a)), the buyer should want to retain the option to pursue this remedy if the seller decides not to close. Additionally, a buyer who invests a substantial amount in the due diligence process-reasonable and customary expenses such as inspection fees, appraisal fees, the cost of a survey, attorney's fees, travel expenses, and the like-may not be satisfied with simple a return of earnest money. A prudent buyer will want the contract to provide for reimbursement of these pursuit costs. Lastly, it is in the interest of the buyer to strike out paragraph 16 (requiring mediation) in its entirety. A mediation (which can take months to arrange) often provides time and cover for a seller to convey the property to someone else. It is far more effective for a buyer to go directly to court and obtain a TRO against the sale.
(11) Earnest Money Installments. Brokers and agents typically encourage the buyer to put down substantial earnest money to demonstrate that he or she is serious. This is of course self-serving from the broker's point of view, because if the buyer is financially committed in a significant way, it is more likely that there will be a closing and a commission. However, rather than depositing say, $10,000, with the title company, a careful buyer may want to consider dividing the earnest money into two $5,000 installments, with the second installment being due at the title company upon expiration of the option period specified in paragraph 23. The earnest money paragraph (paragraph 5) easily provides for this.
(12) Assignability. It is entirely possible that an investor buyer will want to assign the contract, so the language of the "parties" paragraph should clearly state that the contract is assignable without seller consent.
(13) Income Stream. If the property is rented and the buyer is an investor, he or she will likely be seeking to ensure an income stream that produces an acceptable rate of return. Accordingly, the form and content of the lease, as well as the tenant's payment history, should be examined in the due diligence process. Also, if there have been recent substantial improvements to the property, it is worthwhile to check with the appraisal district to see if the property has been fully assessed in its present condition; otherwise, a tax increase may occur that could alter the investor's anticipated rate of return.
Lawyers talk about certain issues being "heavily negotiated." For some reason, lawyer just love that term, probably because it sounds so invigoratingly physical for persons who generally spend their days sitting behind a computer. Still, the term has real meaning when using a special provisions addendum to the TREC 1-4 contract (or, in the case of commercial transactions, the TAR 1801). It will certainly be the case that the parties' representations and warranties will become the subject of intense back-and-forth between the lawyer for the seller and the lawyer for the buyer. If this is not the case, one of the two lawyers is not doing his or her job. So this wrangle over reps and warranties is expected and can be quite useful in revealing both the seriousness and candor of the parties.
Note, for legal scholars among our readers, that there is a conceptual difference between representations and warranties versus covenants and agreements. If you think about it for a moment, the distinction is apparent. A rep or warranty basically says "such and such is true about the property and/or me." A covenant or agreement is subtly different. It states an affirmative promise by the seller or buyer to actually do an act or thing-such as the seller agreeing to deliver good, indefeasible, and undisputed title at closing. There is also a difference in how these two categories of obligation are enforced in the event of default. Competent counsel should address both in the course of their negotiations.
Whether in the capacity of buyer or seller, investors and real estate license holders should always disclose their status in the contract. They should also disclose if they are acting on behalf of a relative, a personal company, or a trust in which they have an interest. The appropriate place to do this is the special provisions paragraph (or in a special provisions addendum) by using language similar to the following: "Buyer is a real estate investor [and/or license holder] engaging in this transaction for a profit. Buyer has not given Seller real estate advice. Seller should obtain professional advice." This disclosure mitigates any subsequent claim by laypersons that their relative innocence was exploited by a predatory professional. As discussed later, judges and juries do not favor investors if the transaction contains any hint of unfairness.
Since negotiations can become fast-paced and complex, utilizing multiple media, it is useful to know when you actually have a contract. Generally speaking, the Statute of Frauds set out in Business & Commerce Code Section 26.01 and 26.02(b) requires a signed writing in order to have a valid contract for the conveyance of real property. Beyond that, however, there must be offer and acceptance that is clearly communicated-i.e., a meeting of the minds on material terms. For instance, if an offer is made containing specific terms and conditions, and the other party counters with a slightly different set of terms and conditions, then as a matter of law the original offer has been rejected. Why? No meeting of the minds on material terms, so the original offer is now effectively irrelevant. A counter-offer is now on the table, awaiting action. G.D. Holdings, Inc. v. H.D.H. Land & Timber, L.P., 407 S.W.3d 856 (Tex.App.-Tyler 2013, no pet.).
Can emails or a sequence of emails taken together constitute a binding contract? Yes, if by reading all the emails together the intent of the parties to enter into a contract is clear. Dittman v. Cerone, No. 13-11-00196-CV, Court of Appeals of Texas, Corpus Christi-Edinburg, March 7, 2013. The principal statute affecting electronic communications is the Uniform Electronic Transactions Act ("UETA") which clearly states that a contract may be valid and enforceable even though it is in electronic form.
Electronic signatures are a related issue. Is a sender's name in the "from" line of an email the same as a signature? Can a person's standardized signature block at the end of an email have the same effect as a custom signature on a written contract? Yes to both, according to the 1st Court of Appeals in Houston: "A signature block from an email performs the same authenticity function as a "from" field. Accordingly, it satisfies the requirement of a signature under the UETA" as well as the Statute of Frauds. Khoury v. Prentis Tomlinson Jr., No. 01-16-00006-CV (Tex.App.-Houston [1st Dist.] March 30, 2017). Although the 2nd Court of Appeals in Fort Worth reached a contrary result in a similar case, it is likely that Khoury charts the future direction of Texas law in this area. Expect the Texas Supreme Court to eventually address the issue.
Needless to say, an electronic contract that is intended to be signed and binding-such as one transmitted by DocuSign-is in fact no different in its legal effect than one that is on paper and executed by hand.
Online electronic notarization is now permitted in Texas. Chapter 406 of the Government Code discusses "regular notaries" (Subchapter A) and "online notaries" (Subchapter C) who have the same authority as traditional notaries. The online notarization process requires two-way video and audio conferencing and still requires that a signer produce valid, government-issued identification. The Secretary of State is tasked with developing rules and standards for this process.
Electronic signatures on real estate contracts and lender disclosures are common now, and electronic closing documents (including promissory notes) are next. Property owners may appear at appraisal board hearings and offer evidence electronically (see Tax Code §41.45). Clearly, future business transactions and agreements will dispense with the required presence of your biological organism-which is as it should be. A legal agreement is nothing more than information, consent to which is verifiable.
TREC form number 39-8 is customarily used to amend or extend contracts. Filling out the form is straightforward enough. But what about consideration? Say, for instance, the parties want to extend the closing date for 30 days. Does the buyer have to pay an extension fee for this to be legal? The answer is no, not unless the parties clearly intend that payment and receipt of a fee is required as a condition precedent. "The words the parties [choose] are the best indicators of an intent to create a condition precedent. To make performance specifically conditional, a term such as 'if,' 'provided that,' 'on condition that,' or some similar phrase of conditional language normally must be used." KIT Projects, LLC v. PLT Partnership, 479 S.W. 3d 519 (Tex.App.-Houston [14th Dist.] 2015, no pet.). In the KIT case, the court ruled that an extension agreement was valid even though the buyer's check for the extension fee bounced! Why? The required magic words were not used in the contract amendment.
Texas law generally favors enforcement of express contract terms if they are clear and unambiguous, disallowing any "parol evidence" (oral comments by the parties) that would purport to change these express terms. However, contracts are occasionally ambiguous. Terms and conditions may even contradict one another. In such event, the court may look to extrinsic evidence (including oral statements) to clarify an ambiguity. There are also certain rules of construction that apply: for example, typewritten (or word-processed) terms prevail over any items that are hand-written, and words prevail over numbers. In one case a promissory note stated in words that the amount of the debt was "one million seven thousand." The printed numbers, however, were "$1,700,000." The lender lost, since words prevail over numbers. Charles R. Tips Family Trust v. PB Commercial LLC, 459 S.W.3d 147 (Tex.App.-Houston [1st Dist.] 2015, no pet.).
Prospective changes in an earnest money contract should be considered in light of the doctrine of merger, which provides that the closing documents (most especially the deed) supersede the provisions of the contract. "After delivery and acceptance, deeds are generally regarded as the final expression of the agreement of the parties and the sole repository of the terms on which they have agreed." Smith v. Harrison County, 824 S.W.2d 788, 793 (Tex.App.-Texarkana 1992, no writ). This is the reason, for instance, that (from the seller's point of view) an "as is" clause should be included in the deed as well as in the earnest money contract. It also impacts the survival of any representations and warranties made by the parties.
Negotiating a real estate transaction presents multiple opportunities to favor one side or another, and not just on price. This is where it may be advantageous to consult a real estate lawyer. A real estate investor should always have (at least) three professionals on call: a CPA, an insurance agent, and a real estate attorney.
Why, might one ask, involve an attorney in preparing or advising on a TREC form that is available online and which is often completed by agents and brokers who are trained and licensed to do the job? Because lawyers can (1) modify the actual language of the form and, if needed, (2) customize a Special Provisions Addendum to favor a client. Brokers and agents cannot do either one. License holders are limited to checking appropriate boxes, filling in blanks, and attaching required promulgated addenda. They are not permitted to materially alter or supplement the contract text, or write custom addenda, which is considered the practice of law.
Another logical question: why alter these contracts at all, since they were prepared by a broker-lawyer committee composed of experienced, practicing professionals? The answer is that no standard form can anticipate every condition or circumstance; and while many transactions are similar, no two are ever identical. Goals of sellers and buyers vary. Every transaction is unique. While some may say, "It's just a standard form, it's OK to sign it," no investor, and certainly no attorney, should ever be satisfied with any standard form. Neutrality is not good enough. The goal is to negotiate and draft a contract that is in one's best interest.
Unfortunately, there is a common fear that bringing in an attorney will kill the deal. This is almost never the case with an experienced real estate lawyer, since lawyers know the difference between changes that are reasonable and those that are not-and they could not stay in business with a reputation for killing deals. Likewise, meticulous and ethical investors and realtors should see the wisdom of suggesting that an inexperienced person obtain legal advice, particularly when a transaction has non-standard aspects. This not only benefits the individual involved but shifts liability away.
A buyer goes to closing without doing a last-minute walk-through. When the buyer arrives at her new home, she finds that the seller removed all the shrubbery and rose bushes-that very morning-and took them with him.
Moreover, the buyer discovers that the seller had, when showing the house, strategically positioned his artwork and oriental rugs to conceal sheetrock and slab cracks. The foundation will cost $15,000 to repair. The seller has moved to Missouri. The inspector has no E&O insurance.
Although the seller indicated on the Seller's Disclosure that the house itself had never been flooded, he neglected to mention that during heavy rains the entire lot is 18 inches underwater, all the way up to the weep holes. And weep the buyer does.
The buyer decides to repaper the bathroom and discovers black mold under the old wallpaper. Astonishingly, the Seller's Disclosure did not ask specifically about mold-only about "water penetration" or "any condition that materially affects the physical health or safety of an individual." When confronted by phone, the seller replies, "That mold never bothered my health."
Even after all these challenges, the buyer settles in. Suddenly, the front door opens and in walks the seller's estranged common-law wife (whose existence was not disclosed by the seller) and shouts "Honey, I'm home!"
Information in this article is provided for general educational purposes only and is not offered as legal advice upon which anyone may rely. The law changes. Legal counsel relating to your individual needs and circumstances is advisable before taking any action that has legal consequences. Consult your tax advisor as well since we do not offer tax advice. This firm does not represent you unless and until it is retained and expressly retained in writing to do so.
Copyright © 2019 by David J. Willis. All rights reserved worldwide. David J. Willis is board certified in both residential and commercial real estate law by the Texas Board of Legal Specialization. More information is available at his web site, www.LoneStarLandLaw.com.


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Zoloft belongs to a class of drugs called SSRIs or selective serotonin reuptake inhibitors. It is an antidepressant which affects the brain of the patient, leading to balancing of the chemicals which trigger depression, panic, OCD or anxiety in people when imbalanced. Zoloft is also used for treating post-traumatic disorders and premenstrual dysphoric disorder, as well as many other mental complications and conditions.
Using Zoloft
This antidepressant should not be used for purposes other than those listed in the instructions or issued by a health practitioner. Also, this medication should not be taken if you are already using certain drugs such as pimozide or MAO inhibitors. Combining the two may lead to serious health problems which can even be life-threatening. If you are taking MAO inhibitors, make sure you stop for at least two weeks before taking Zoloft. The same goes for taking MAO inhibitors after stopping taking Zoloft.
Once you visit your doctor, before he/she writes you a Zoloft prescription, make sure you let him/her know if you have had a liver or kidney disease, have suffered from a stroke, seizures or epilepsy, bipolar disorder and suicidal tendencies or if you have abused drugs in the past. All these factors need to be negative in order for you to use Zoloft safely. In general, teenagers tend to develop suicidal tendencies once they start taking antidepressants. So, react and seek medical assistance in case any odd symptoms start affecting you.
Side-Effects of Zoloft
Zoloft, along with all other SSRIs, when taken by pregnant women, may affect the health of newborn babies, especially their lungs. Yet, stopping the Zoloft therapy during your pregnancy may not be a good tactic, since this might lead to a relapse in depression. Therefore, the best step to take is to consult with your doctor about this state of affairs and your proper reaction. Also, your breast milk may be affected by the drug, so make sure you let your doctor know if you are breastfeeding.
Zoloft overdose mainly manifests through dizziness, drowsiness, vomiting and nausea, increased heartbeat speed, tremors, confusion, coma, seizures and irritability. Note that Zoloft side-effects get worse when you consume alcohol while taking these medications. Furthermore, avoid liquid Zoloft since this medication may contain alcohol per se. Ultimately, do not drive while under the effect of this and similar medications and do not mix any sleeping or relaxation medications with Zoloft, since the combination may lead to extreme sleepiness, affecting your normal functioning significantly.


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We strive to serve you and your family as we reach our community with the Gospel of Christ. Please let us know how we can partner with you on your life journey!
Staff of SWBC
We strive to serve you and your family as we reach our community with the Gospel of Christ. Please let us know how we can partner with you on your life journey!
Jerry mayfield - Sr. pastor
Jerry has been pastor of Spring Woods since October 2008. He has served as Sr. Pastor as God leads in Texas and Oklahoma for 24+ years. He graduated Summa Cum Laude from Criswell College in Dallas, Tx. with a BA in biblical studies and a minor in preaching.
Jerry married his high school sweetheart, Sandy, 40 years ago and they have 7 children and 16 grandchildren.
Their interests are just enjoying each others company, sports (of any kind) and spoiling the grandkids!
They pray that you may experience God's mercy and grace found in a personal relationship with Jesus Christ!
Financial secretary/program manager
Donna has been serving as the program and building manager since 2004. Spring Woods is fortunate to have such an energetic and delightful person serving in this very demanding and important area of ministry. She is the wife of a wonderful husband Dennis and has two accomplished grown children who came to know Christ at Spring Woods.
Donna and her husband are the proud grandparents of 2 grandsons, Gauge & Lincoln.
Donna has been a member of Spring Woods and serving in the children's department since July of 1993. Before taking the ministry position at Spring Woods she served her family at home while managing an in-home daycare. She enjoys quilting and leads a group of ladies in the SWBC Quilt Group which meets every Tuesday night. Another interesting fact about Donna is that she held her cosmotology license until recent changes in the state laws but still does a little moonlighting for family and friends.


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I was using cProfiler with the Python client to help diagnose and discovered that the python client was spending about 1-2 seconds per request performing an SSL handshake.
While talking with , he suggested that I configure the requests library to use connection pooling when contacting the Synapse backend. This change would allow the Python client to reuse the same connection for successive requests and reduce the amount if time it takes for each API calls to complete after the SSL handshake is completed.


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We had an amazing day in Valparaiso, Indiana and an incredible BIG Dream Gathering at Valparaiso University!
Here's a video to show you how we spent our day…
We wanted to say a BIG thank you to all of our amazing volunteers and support team! You all were amazing and made the event an incredible success!
We also wanted to say thank you to John, Ashton, and their team at Dagger Mountain Roastery. They make AMAZING coffee and are doing incredible things… so be sure to check them out if you love caffeine as much as we do.


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As a lifter, Brandon Lilly is one of only a handful that has totaled top 20 in Raw, Raw with Knee Wraps, and Multiply. He's also a member of the ultra-exclusive 1000kg+ club totaling 2237 lbs at CAPO in Tasmania.
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|Dora Saves the Prince
|Monday, February 5, 2001 (original)
Monday, April 29, 2019 (GOAN)
|Written by
| Valerie Walsh
Storyboard by:
Tina Kugler
Dominic Orlando
|Directed by
|George Chialtas
|Little Star
|El Coquí
- Dora
- Boots
- Backpack
- Map
- Swiper
- Fiesta Trio
- Prince Ramon (debut)
- Witch (debut)
- Crocodiles
A young prince tries to get his ball back from the deep dark forest but ends up being locked in the high tower by a mean witch.
Dora had a special book that she'd like to read to Boots. Dora gets out the special book out of her backpack. The special book had a prince on the front cover. The title of the book was called "El Príncipe y la Bruja" which is Spanish for "The Prince and the Witch". Dora & Boots had to say "abre" when they want to open the book. The story starts where a handsome prince named Prince Ramon playing with his ball. He bounced with it, spun with it and he even kicked it. Prince Ramon kicked the ball once and went very far. He kicked the ball a 2nd time, and went very very far. When he kicked the ball a 3rd time, it went so far away that it landed in "el bosque de la bruja" or the witch's forest. Prince Ramon was not allowed into the witch's forest, but he wanted to get his ball back. He couldn't find it anywhere and the witch saw that Prince Ramon was in her forest she closed the gate and put him in a high tower. The witch whispered "Abre" for open, so Prince Ramon couldn't hear and the tower door opened and inside the tower, the prince and the witch climbed 12 steps up to another door at the top of the tower. The witch locked the prince in a little room and the witch walked away. Prince Ramon was stuck and he couldn't get out. Many people from near and far tried to get the prince out of the tower. But, nobody knew the magic word to open the tower door except for Dora. Dora decides that she can save the prince and that Boots will help too. Dora & Boots had to say "Abre" to open the book again, then they had to jump into the book. But Dora & Boots didn't know how to get to the high tower. Luckily, Map knows the way to the high tower. Dora & Boots had to go through a gate, across a crocodile lake and that's how they'll get to the high tower to save Prince Ramon and they'll have to watch out for the witch. As Dora & Boots approached the gate, it was shut closed. Boots tried to pull the gate open, but it didn't work. So, they decided to use the magic word "Abre" to open the gate. In no time, they made it through the gate. Suddenly, Dora & Boots saw the witch behind the tree. They had to close the gate fast. They put their hands out infront and as they pushed the gate closed, the witch bounced back from the gate. Not only did Dora & Boots go past the gate, they just entered the witch's forest and Boots remembered that Prince Ramon lost his ball somewhere in the witch's forest. Dora & Boots found Prince Ramon's ball by a tree. But then, Swiper was nearby. Dora & Boots stopped Swiper by saying "Swiper no swiping" 3 times and he ran away. Dora & Boots decided that they should the ball in Dora's backpack to keep it safe. After that, Dora & Boots made it to a crocodile lake. But how were they going to get across? Dora told each crocodile to close their mouths by saying the Spanish word "cierra". Each crocodile took their turn closing their mouths. Dora & Boots jumped on the crocodiles like stepping stones and they made it across in less than a minute. Suddenly they saw the witch jumping on the crocodiles. Dora & Boots stopped the witch from getting across to the other side by having each crocodile open their mouths. They told each crocodile "abre" and the witch bounced on each crocodile going backwards and then the witch flew far away going backwards. Dora & Boots were so close to getting to the high tower. Dora & Boots got to the high tower in no time. Now, they had to use the magic word to open the tower door. Dora & Boots knew the magic word and it was "Abre". When they said "Abre" the tower door opened. Dora & Boots went into the tower and the tower door closed behind them. As they got in, it was dark and steps were taking away. Boots flips on a light switch and the steps were in a pile. Dora & Boots counted out 12 steps. The first time they counted 12 steps, it was arranged horizontally. The 2nd time they counted the 12 steps, they were put back into place. Dora & Boots climbed the steps and Boots tried pulling the circular handle but it wouldn't open. So, they had to say "abre" once more to open the door to set Prince Ramon free. Now that Prince Ramon is out of the tower, their journey wasn't done just yet. Dora & Boots had to give back the prince's ball. It wasn't just any ordinary ball, it was a magic ball. Dora gets out the prince's ball from her backpack and the witch saw that the prince was out of the tower and thought the prince had to be put under a spell. But Prince Ramon locked the witch in his magic ball. The witch wanted out of the ball and he didn't want the witch out of his ball. Then Dora comes up with a deal with the witch. She says that they'll let the witch out of the ball if the witch promises to be a good witch from now on. So, Dora, Boots and Prince Ramon let the witch out of the prince's ball by saying "Abre" one last time. The witch was released from the ball and landed on solid ground and the witch gave them a hug. And that is how Dora & Boots saved Prince Ramon and how the witch turned nice.
Places in episode
- This is the 1st episode where Dora & Boots had to jump into a book to start their adventure.
- "Abre" the Spanish word for open, was used many times when they had to open a book, a gate, the crocodile's mouths, the tower door, the cage door and Prince Ramon's magic ball.
- It is unknown how Swiper got into the book.
- Map mentions that Dora & Boots had to watch out for the witch on their adventure.
- This episode aired the VHS "Dora Saves the Prince".
- Tico, Benny and Isa don't appear in this episode.
- A picture of Dora and Boots saving Prince Ramon and securing the witch inside his magic ball ws taken and was seen on a later episode titled "To the Monkey Bars".
- This is the 20th episode of the show.
- When Dora tells the viewer to stand up jumping over the crocodiles, she says "stand up" but she doesn't say "please" after that.
- After Dora and Boots stop Swiper, Dora doesn't thank the viewer saying "thanks for helping us stop Swiper".
- When the Witch locks Prince Ramon in the High Tower, it was technically pay back for him locking her in his magic ball back to see how she likes it because Prince Ramon never liked it when the witch locked him up first.
- Even though Dora and Boots got to watch out for the Witch on their adventure to the High Tower to save Prince Ramon, Swiper somehow got into the book and he's also someone they got to watch out for too since he's in the book as well even though he's never appeared more and they don't mention they got to watch out for both enemies on their hands.
- When the viewer checks Backpack for the book, 2 of the books happen to include books from previous episode with cover being a different design. the books are The Legend of the Big Red Chicken, but unlike its appearance in the episode of same name, this book is normal sized and has Big Red Chicken on the front and Wizzle Wishes but with the book having Wizzle on the cover rather than just a star.
Character Find
Señor Tucán
|Dora the Explorer Season 1
|The Legend of the Big Red Chicken | Lost and Found | Hic-Boom-Ohhh! | Beaches | We All Scream for Ice Cream | Choo-Choo! | Treasure Island | Three Little Piggies | Big River | Berry Hunt | Wizzle Wishes | Grandma's House | Surprise! | Sticky Tape | Bouncing Ball | Backpack | Fish Out of Water | Bugga Bugga | Little Star | Dora Saves the Prince | El Coquí | Chocolate Tree | Te Amo | Pablo's Flute | To The Treehouse | Call Me Mr. Riddles


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Use Spoiler Tags whenever talking about a spoiler for the latest games (Lords of Shadow 2, Lords of Shadow: Mirror of Fate). It's common courtesy. Even if the thread specifies that there are spoilers within, USE THE SPOILER TAG. Even if you think it's ugly.
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Ha WarMachine, my excellent dude. You do whatever the hell you want to do. This is your game. I was merely expressing an opinion, not a request. You should do the things YOU want. Let the fans bicker among themselves. You don't have to accommodate anyone. We will play your game and love it no matter what. Medium difficulty or legendary Keep it up dude, all the best.
Keep it going man, keep it going! *Thumbs up*
we will be able to have a support character like in the original, right?
Holy crap...Sypha looks....like a custom Sypha that has been very creatively remade by someone that wasnt involved with the game when it started. She was made by a fan, not by a high paid, konami artist like yourseld. Lets be real for a minute, thats pretty shitty to say man. I understand that people are going to love or hate this, that magical thing called an opinion. Im cool with that. But im not at all cool with someone coming on this thread and slamming hard work and dedication when I see none from people like you who like to bitch about it. Please, if you feel the need to enlighten someone with shitty responses, waste yours and everyone elses time someplace else.
What he said. Constructive criticism please...remember one bad apple could ruin it for everyone.
Don't forget Warmachine and other's (myself included) are doing fan-game's like this for free for everyone's enjoyment. It's not a easy task at all so unless you can prove to do something better or prove your are the superior artist or game designer watch the comments!


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I've written about 9/11, the Second Day of Infamy, in these pages six years after and again eight years after, and one would think there would be little enough to add today, nine years after. But after watching one of those TV specials it seems that there is after all.
There were a thousand acts of heroism on that day, some which will never be known because the heroes died in the rubble of the World Trade Center. Others, like the epic of Flight 93 will live on as a modern Thermopylae.
I was struck by a couple of stories on the TV show.
One was about an office worker who had left a lobby filled with people and had entered an elevator to return to his floor. But before he could press a button, the world exploded around him. Then fire and smoke surrounded him and he had seconds to escape before being overcome and consumed. Somehow he clawed and crawled out of the elevator to find the lobby, a moment ago filled with living people, a horror of wreckage and carnage.
By a miracle he had found a woman yet alive, albeit horribly injured. He helped her to the nearest stairwell and began a march down through wreckage, smoke, and fear. They made it down to the ground floor and then outside. A federal marshal scooped the woman away to an ambulance and the man was left to marvel that he had made it out alive.
Another story was about how a group of fire fighters were making their way up the stairs of one of the buildings, trying to get as close as possible to the floor that was ablaze from the wreckage of the airliner. They got the call to evacuate, as the building was in danger of collapse. On their way down they came upon a woman, laying in the stairwell, exhausted. She begged them to leave her, for all strength was gone.
No one, especially a New York City fire fighter, would do that. They started to help her down the many flights of stairs. At about the tenth or so floor she again begged to be left behind, as she was slowing them down. The fire fighters looked for a chair to put her in to carry her the rest of the way.
But then time ran out. The building collapsed.
What followed might be considered the hand of God or luck or something else. The reinforced walls of the stairwell held and the woman and the fire fighters were trapped, but alive. Eventually other first responders dug them out and they too emerged from the wreckage to live on.
One other story, perhaps one of the most soul searing tragedy in a day of thousands of tragedies.
A 911 operator got a call from a woman trapped in the wreckage in a floor above the one that had been struck. The woman begged for someone to come rescue her. The flames and the smoke were coming closer.
The 911 operator could do naught else but to pray the Lord's Prayer with the doomed woman, which she did until there was silence.
Remember 9/11 until all of the terrorists are dead and in Hell.
Sources: Remembering 9/11 – The Second Day of Infamy Six Years On, Mark R. Whittington, Associated Content, September 7th, 2007
Memories of the Second Day of Infamy, September 11, 2001, Mark R. Whittington, Associated Content, September 10th, 2009


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Chocolate Cherry Protein Smoothie
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Homemade Almond Milk 2 Ways – Vanilla & Chocolate (Video)
Homemade almond milk is definitely way creamier and richer than the ones I've tried from the supermarket and the great thing about making your own is that you can make it as sweet as you like and add other flavours like cinnamon, vanilla and chocolate (like I'm doing in this recipe).
Healthy Blueberry Bowls
Last week was actually warm enough for a frozen treat, looks like summer is finally here (even though it's raining now as I'm writing this!!) I've really been craving some banana ice cream (nice cream, nana ice cream…or whatever you want to call it!) lately, which is basically frozen bananas blended into a thick ice cream like consistency. If you haven't tried it, it's definitely something you NEED to add to your 'recipes to make' list.
Healthy Chocolate Banana Smoothie
This smoothie tastes so so good, kind of like a chocolate milkshake! But all the ingredients will nourish and feed your body. The healthy carbs (from the banana) and protein (from the added protein powder) make it an excellent breakfast or post-workout meal.
Homemade Cashew Milk Recipe
The perfect vegan alternative to milk. Smooth, creamy and much tastier than the shop bought varieties! It only takes 30 minutes in a blender and you can adjust the flavour to taste.
Green Smoothie
The easiest way to make sure you're getting your daily intake of vitamin and mineral rich greens is by making a green smoothie.
Mango, Banana and Raspberry Smoothie
Mango, Banana and Raspberry Smoothie: Great for a quick breakfast on the go.
Clean Eating – Cardamom Iced Coffee
Clean Eating – Cardamom Iced Coffee
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I am a
- Life Purpose Coach (2017),
- Trauma Buster Practitioner (2014),
- Meditation Teacher (2013),
- Quantum Healing Hypnosis (2012),
- Emotional Freedom Techniques Practitioner (2007),
- Registered Professional Counsellor (2005),
- Reiki Master (2002),
- Numerologist (1999),
- Stress Defusion Practitioner (1997).
I incorporate Access Consciousness, Ask and Receive, and the Divine Decree Process into my work.
I have developed a method called Inner Journeying for accessing the subconscious and the wise inner being to facilitate transformation.
I consider my most helpful training has been through the wisdom I have acquired as the result of my life experiences and inner healing journeys.


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