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<br />The State of
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<br />KNOW ALL MEN &HESE PRESENTS:
<br />That D___tha..GltJr...o.f...1A..f.O.t'te.....'I~_D...........
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<br />Fonn c-2
<br />4-17-41
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<br />. COUNTY OF
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<br />of............B.4~~J!............County.........~.~~..............n............, hereinafter called the mortgagor, in consideration of the sum of
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<br />one dollar to me in hand paid by..............:_._:.J.e...PcI'.te8.tate._.Ba11k....La..,O.r-=e._......._.......__......_.~_........_..............., a corporation
<br />hereinafter called bank, and for other valuable considerations, receipt of which is hereby acknowledged, have bargained, sold
<br />and conveyed, and by these presents bargain, sell and convey unto said bank, its successors and assigns, the following described
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<br />personal prope~ty, now located and situated in. the County Of.m_......aoJ.f.I.~.................., State ofnn....._t~_~................., to-wit:
<br />(U mortgage covers growing crops. state the kind and the approximate number of acrt'B of each. Fully describe all livestock, give number, kind, al'e and brand)
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<br />one (1) · Used Demonstr.to:r Buber-Wal'Co tfoclel 10-D >>iOtor Gr.de~ with IDro 4-71 4lesel
<br />aoatn, lllClwU.q D.-toOth "V-Type" r,carlfler. Machi_ Serlel No. 1ODG-119364.
<br />Boa- No. ~..aS4'1. p1u8 other' standard equlpment
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<br />ODe (1) '. !Q~matlonal FiC'e Truek. 196C) t(oC1el. Ho. NOe. \lCO-196..rA...6609S~. 5 Tons
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<br />OI1e (1) - B-275 tntetnatlO\\al Diesel Tractor wI:th Peeo 60L Cutter an4 Anderson GQ
<br />Hydraulic Side. t>toWlt "o.1'S aad other 8tall.darc1 equipzneDt 4ttachGd
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<br />CIDe (1)- 1963 Ford rlelc.up. 1/2 ion 6 Cyl.. Mo. No. rioJa 362880
<br />One (1) - 1963 ford 4->>001' ,..8 UQ. No.. 3J54P 131114
<br />One (1) - 1963 Ford Pickup I/a Ton 64icyl.e. Mo.' No. 'l'lOm 362881
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<br />One (1) .. 1963 Chevrolet Truck 6'!fotyl. Tilt Cab & Chassls. Model 't 6S03..R~
<br />Mo~.-"No. B3TG83' P 103280 equipped With 2~ Cubic Yard 'AK-Wn GARMGB'
<br />Col1ec.t:1011 Bo4y. Mode.l NB 20
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<br />. Above located and housed in City JSam. La PoJrte.Usrrf.. County. Texas
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<br />together with all of the Increase of, from and to, the above described property, prior to the full payment of thp Indebtedness hereinafter referred to. Also aU
<br />other cattle. sheep, hogs, horses and other livestock situated In said County aforesaid now owncd, or that may be hereafter acquired, by said mortg&&'or.
<br />until this mortgal'e is rell'8spd in full, save and except ~uch livestock as may be herein especially reserved.
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<br />TO HAVE AND TO HOLD all and singular the above described property unto said bank, Its successors and assigns forever. And I do hereby bind
<br />myself, my heirs, executors and administrators to warrant and fo~ever defend the title to said property, and every part thereof, unto said bank, Its
<br />successors.'and assil'ns, agsinst' eVery person whomsoever, lawfully claiming or to claim the same, or any part thereof.
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<br />This conveyance, howev~, Is intended as a mortgage.,~ ?:cure said bank, Its, successors, and assigns. In the payment of certain Indebtedness due
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<br />and owinl' by me evidenced by ft'1e certain promissory note____. as follows:
<br />One note dated..-_JJih-'___1963.._________due-. On_~_).@fore_ June _~~!+__for $__U___j~:l~~__
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<br />One note i!atEd____..~__________~____,_due,.__________________.____for $.______________________
<br />and as well to secure the paYment of all other Indebtedness. now owhig said bank, and any and all indebtedness hereafter to become owing said bank, Its
<br />SUCCE'llsors, assigns or legal representative. whether evidenced by note, overdraft, or otherwise, which said Indebtedness now or hereafter owing It is agreed
<br />shall be p;'yable to the order of said bank at Its office In_._~--i..__.l.a....fQrte:, Texas -----------.
<br />and bear iuterest at the rate of ten per cent per annum from date of accrual until paid, and the same shall stand secured by and payable under this
<br />mortgage with the .othel' Indebteduess herein mentioned, .
<br />proYided. however, that It Is hereby expressly stipulated, and provided that a first and prior lien Is hereby expressly fixed on the property above described to
<br />secure the note, or notes. above specifically named, and the payment of all other Indebtedness by the maker hereof subsequently accruing. or not definltel;r
<br />and particularly named herein, shall be postponed and subordinated to the payment of the note. or notes, above named. and a first and superior lien Is hereby
<br />declared and fixed on the above described property to secure the note. or notes, above named and described; and provided further that the payment of any
<br />other Indebtedness of the maker hereol, not deflnltel;r and particularly named herein. out of the proceeds of the property above described, shall be made In
<br />the order in which said Indebtedness may have been contraCted.
<br />This mortgal'e Is I'iven and recPived for and upon the representations, al'l'eements, stipulations and conditions, made for the purpose of Induclnl'
<br />said bank. to part with certain moneys herein mentioned and accept the security hereoln given It, as follows, to-wit: (1) That mortgagor is the full owner
<br />~ said property and has perfect right to give this first mortl'age upon .the same, unless.a qualified ownership is herein. expressly named; (2) That so long
<br />sa the p""session of said propE'rty Is permitted to remain with mortgagor the same shall not be sold, morttraKed or I'emoved from the place above named
<br />without the written consent of the bank and that mortg&&,or will use the utmost dillgencp and care to preserve said property from waste or destruction,
<br />aud have the same forthcominl' for delivery to the bank, or purchaser iu 88 good condition as the same now is, unavoidable loss alone excepted; (8) Such
<br />01 the property herein convpyed as is livestock, the mOl'tgalrOr binds himself. at his own expense, to provide with food, pasturage and attention, and to
<br />&'lve the, same all the attention which the most prudent person would give his own propE'rty in mnking the same suitable for market under the mo,t
<br />favo1'llbl, 'circumstances; (4) That said property Is of the rE'88onable agl'l'etrate cash value of $___________at the execution and delivery hereof.
<br />. . It' Is understood that the mortgal'e lien hereby created shall extend to any renewal of tlie Indebtedness hereby secured .and this lien shall continue an~
<br />- be In.fllrce until all the indebtedness above referred to and each and e,'ery extension and renewal thereof shall have been fully paid. '
<br />,- 4t' Is further agreed between the .partiE'll thai if at any time the said mortgalrOr should move. or attempt to move all or any part of the above
<br />desclnfed property outside of the County where thp same Is situated as above stated, or If at any time In the judKlDent of sold bank thp said property
<br />should be nel'lected, injured or abandonPCl or otherwise mistreated or handled so as to impair the said bank's security or render the bank insecure, or
<br />If the mortgagor without the consent of the bnnk should surrender possl."Sslon of any of said property or sell any part thereof. or if the mortgalrOr
<br />shou~ violate any of the otller conditions of this mortgap, then. and In any such case, the said bank, at its option, may declarp all of the Indebted.
<br />ness, above referred to immediately due and payable and proceed at once to enforce collection thereof in the same manner as if the full time for tl;>e
<br />maturity of the same had lapsed, In the event that more than one note is secured by this mortKage, and default is made in the payment of the first
<br />wb.,;. due, then the remainina: indebtedness may be declared immediately due at the option of said bank.
<br />, It Is expressly agreed and stipulated between the partil."S that In case default be made by sold mortgagor In the payment of the Indebtedness above
<br />described when the s"!,,e becomes due or is declared due a!ld p~able according to the ~e""s hereof, then. the .sald bank sh~ll have the ria:ht through Its
<br />a,ents to take ImmedIate possession of all of said property and to either sell the same at private sale without notice to saId mortgagor, or sell the same
<br />~. public sale In. the manner prescribed by law; or the said bank may, If It elects, enforce its lien by suit in the Court of proper jurisdiction. The said
<br />mortg&&,or hereby specially waives all right of appraisement. An attorney's fep of ten. per cent. of the amount of the principal and Interest of the In debt-
<br />pdness remaining unpaid shall be taxed and made a part of the costs of foreclosure.
<br />-It is also agreed that all expense In connection with the seeurlnl', takln'g and barlnl' for any property above described or the I'atherlnl' and marketi'll'
<br />of any crops shall be borne by iaid mortBagor and secured by this mortgalre, I
<br />. Upon paYment In ful.1 of the indebtedness secured by this Instrument the same shall be cancelled and released at the exppnse of the mortgagor.
<br />The takinl' of this mortgage shall not waive or Impair any otlier security sold bank may have or hereafter acquire for the paymeut 01 the above Indeb~.
<br />ness nor _!Iha1;1~;tl1eotaking of any such additional security waive or impair this mortgal'e, but said bank may resort to any security It may have In tlie
<br />order if.5iriay.zsee;)~il~. .
<br />.i.,;-<eir isut.:.of~lf Jl~nder from the said bank or any of Its agents. officers, attomeys, or assigns, as such. conveying the said property or any pa~
<br />f' th.!i"~.v!lhii.ll be fiiJl_altd".$gncl.u~ive evldenc,! and proof that aU of the terms, conditions and prerequisites rPCIuired herein ,have been~iully compli~d wl~;
<br />;;.' ~~d '1I!Prtgal'or'li~~J.\.\&tifles and confIrms any and all acts of the said bank, its officers, &&,euts, attomeys and assltrns:''1'lone 'u!,~r~ ~~~. ~ y:lrtuV
<br />',f .... ..sr ; "-.......7 '.. ~ ...;:, ~ h .~. ~ 1'.:,. ~ 1- ,
<br />~ !i - : It Is further agreed~Pi stipulated bl'tween the parties hereto'.that In the event the bank should exercise Its option to dealare lalf of the Inde1)tednessl;
<br />I ;a~, refe}:red- to;tm~ed~atell!; due and payable and proceed at once to enforce collection thereof, In the same manner as If.th!!.-fuU tlme,for the .mat~tr, 'J
<br />I ii1~ same had elapsed, 'by.. t#ason of any .of the foregoing actions on thp part of the mortcagor, that then. and In that event;,.by,-the term "Indebtedn~,/ :/
<br />1s '-mlla~ ful1-. iiDiiiurit:ol9' the princill,L and InteTest due by the mortcal'or at the time that the bank exercises such ~optloii. In no I!vent. shall <tJi1f' :/
<br />Iiat:lk ''lOlIect ~r attBJl!ptlto. ~lect any uneamed Interest on said Indebtedness ,t. the time that the bank so exer~ises such op~n ~decla~sald I~debtedn'j!sig ~
<br />~~)1\ all mterest l!lclludecl." In the face ll!I',!u,nt of the note applicable to a perIod after the accelerated mat!,rlty shall constl~te"a c~E' against, the f!,ce ~
<br />amjlui\t Qf. the no~.-...Jilr'a}l' Interest paid In advance and applicable to a period after thE> accelerated maturIty shall constlt)Jti! aScredIt" on ti!e-Blll.9!1nt.?of" ""
<br />Ind~j~e.!'~;,'\\S-a:Jjov~lI~ed, then lawfully owinl' on such note. ., &1.", ~-' Z' .,. ::
<br />!~ ..t. .I '0 l.~.' ....... '" . ~ .... 6 ;;;; ~ c::-
<br />huras' an'd. inierlineatlons made and approved before slplnl'. ' :;~ ""v. ~,'"'<. ~ "-
<br />. . Wltness__-ottr---- hand_tbls the.___---:.1..s.L__-:__~-day of Jill)' , U, .. . ,;.~A.:D;.l!~;i-
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<br />. Executed and .delivered,ln.the presen~~ of the u!)dersiped: ' em Of IA POR:ra. .'J:Wi . ,-<.."-
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<br />~ ~~~~~~Uy !,(~Porb,
<br />AftEST: Clovie D. Marm. City Clerk of Clty of
<br />La Porte
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