<br />,. 177 - DEED OF TRUST
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<br />w4r ~tutr Df wrxnsf
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<br />G10untg of
<br />
<br />HARRIS
<br />
<br />j
<br />
<br />iKnom i\U !lrn by wl1rsr 'rrsrnts:
<br />
<br />THAT
<br />
<br />W.
<br />
<br />HENDERSON and wife,
<br />
<br />HENDERSON
<br />
<br />B.
<br />
<br />MRS.
<br />
<br />W.
<br />
<br />B.
<br />
<br />3410 Azle Avenue,
<br />
<br />, whose melllng address Is
<br />Texas
<br />
<br />Fort Worth,
<br />
<br />76106
<br />,of the County of Tarrant ,Stete of Texas,
<br />being the Debtorlsl and hereinafter called "Grantors",lwhether oneor morel, In consideration of TEN AND NOnOO DOLLARS ($10,001. In
<br />
<br />hand paid, and the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey
<br />unto KNOX W. ASKINS ' Trustee(sl, hereinafter called the "Trustee"
<br />(whether one or morel, and to his successors in trust, the following described land and other propeny situated In the County of
<br />
<br />Harris
<br />
<br />,State of Texas, to-wit:
<br />
<br />Lot Five (5), Block
<br />County, Texas,
<br />pu;rposes.
<br />
<br />(2), OAKHURST ADDITION,
<br />reference is here made
<br />
<br />in
<br />for
<br />
<br />Harris
<br />all
<br />
<br />Two
<br />to which
<br />
<br />together with all heating, plumbing, refrigeration, lighting fixtures, equipment and/or appliances now or hereafter attached thereto or used in
<br />connection therewith, and all buildings and improvements thereon and hereafter placed thereon; appurtenances, servitudes, rights, ways, privi-
<br />leges, prescriPtions and advantages thereunto belonging or in anywise appertaining, hereinafter called the "Mortgaged Premises",
<br />
<br />TO HAVE AND TO HOLD the Mortgaged Premises unto the Trustee fOI ever, Grantors hereby bind themselves to warrant and forever de-
<br />fend the title to the Mortgaged Premises, or any part thereof, unto the Trustee against all persons whomsoever claiming or to claim the same
<br />or any part thereof,
<br />
<br />" This Conveyance is made in trust, however, to secure payment of a debt In the prinCipal sum of
<br />
<br />SEVEN HUNDRED AND NO/100---------------------------------------DOLLARS
<br />($ 700. 00
<br />
<br />I, evidenced by a Promissory Note of even date herewith, hereinafter called the "Note", the terms of which are
<br />
<br />Incorporated herein by reference, executed by
<br />
<br />W.
<br />
<br />HENDERSON and wife,
<br />
<br />HENDERSON
<br />
<br />MRS.
<br />
<br />B.
<br />
<br />W.
<br />
<br />B.
<br />
<br />payable to the order of CITY OF LA PORTE
<br />being the Secured Party(iesl, and hereinafter called the "Noteholder", (whether one or morel at
<br />
<br />604 West Fair.mo~t Parkway, P. O. Box 1115, La Porte, Texas 77571
<br />
<br />which is the Noteholder's post office address, or at such other place as the Noteholder may from time to time designate in writing, with in-
<br />
<br />terest and In installments as stipulated and provided therein and finally maturing on May 15, 1983
<br />
<br />2, This Conveyance is made in trust to further secure payment of all other amounts with interest thereon becoming due and payable to
<br />the Noteholder under the terms of the Note or this Deed of Trust, including (but not limited tol any extension, renewal or re-amortization of
<br />said Debt, any increase or addition thereto and any future debt owing by Grantors to the Noteholder, the payment thereof being secured or In-
<br />tended to be secured hereby; and to further secure performance and discharge of each and every promise, Obligation, covenant and agreement
<br />of Grantors contained In the Note, this Deed of Trust or any other Instrument executed by Grantors, pertaining to said debt or the security
<br />therefor,
<br />
<br />3, As additional security for the payment of said debt, Grantors hereby transfer and assign unto the Noteholder:
<br />
<br />lal All judgments, awards of damages and settlements hereinafter made resulting from condemnation proceedings or the taking of all or
<br />any part of the Mortgaged Premises under the power of' eminent domain, or for any damage (whether caused by such taking or oth-
<br />erwisel to the Mortgaged Premises or any part thereof, or to any rights appurtenant thereto, including any award for change of grade
<br />of streets, The Noteholder is hereby authorized, but shall not be required, on behalf and in the name of Grantors, to execute and de-
<br />liver acqulnances for, and to appeal from, any such judgments or awards, The Noteholder may apply all such sums or any part there-
<br />of so received, after the payment of all expenses, including costs and anorney's fees, on the debt in such manner as the Noteholder
<br />elects;
<br />
<br />(bl All bonuses, rents and royalties accrued or to accrue under all oil, gas or minerai leases, now existing or which may hereafter come into
<br />existence, Grantors direct payment of the sama to the Noteholder, at the option of the Noteholder and upon written demand of
<br />the Noteholder therefor. to be applied to tha debt until paid, whether due or not, and either bafore or after any default under the
<br />terms of this Deed of Trust or the Note,
<br />
<br />Icl All rents, Issues and profits of the Mortgaged PrelT1ises, including, but not limited to, all unsevered crops, or Grantors' interest there-
<br />In, Grantors direct payment of the same to the Noteholder to be applied to the debt until paid, whether due or not. This assign-
<br />ment shall become operative upon any default of Grantors under the terms of this Deed of Trust or the Note and shall remain in full
<br />force and effect so long as any default continues In the maner of making any of the payments or the performance of any of the cov-
<br />enants set forth in this Deed of Trust or the Note,
<br />
<br />4, The proceeds of the Note to the extent that the same are utilized to take up any outstanding liens against the Mortgaged Premises, or
<br />any portion thereof, have been advanced by the Noteholder at Grantors' request and upon Grantors'representation that such amounts are due
<br />and are secured by valid liens against the Mortgaged Pr.emises, The Noteholder shall be subrogated to any and all rights, superior titles, liens,
<br />and equities owned or claimed by any owner or holder of any outstanding liens and debts, however remote, regardless of whether said liens or
<br />debts are acquired by the Noteholder by assignment or are released by the holder thereof upon payment,
<br />
<br />5, Grantors further covenant and agree:
<br />
<br />lal That Grantors will pay the principal of and interest on the Note in accordance with the terms thereof, That Grantors are seized of the
<br />Mortgaged Premises and are entitled to convey the same; that Grantors will make such further assurance of title as may be necessary to
<br />fully confirm to the Trustee the title to the Mortgaged Premises,
<br />
<br />Ibl That all awnings, door and window screens, storm 'windOW screens, storm windows and doors, mantels, cabinets, rugs"carpeting, lino-
<br />leum, wall and in.a-door beds, stoves, shades, blinds, oil and other fuel-burning systems and equipment, water heaters, radiator covers,
<br />and all plumbing, heating, lighting, cooking, ventilating, cooling, air-conditioning and refrigerating apparatus and equipment, and such
<br />goods and chanels and personal property as are ever furnished by landlords in letting or operating an unfurnished building. or which are
<br />or shall be attached to said building by nails, screws, bolts, pipe connections, masonry or In other manner, and all additions thereto and
<br />replacements -thereof, and such built-in equipment as shown by plans and specifications, are and shall be deemed to be fixtures and ac-
<br />cessions to the Mortgaged Premises, being hereby agroed to be Immovables and a part of the realty as between the parties hereto, and
<br />shall be deemed to be a part and portion of the Mortgaged Premises,
<br />
<br />Icl That Grantors will pay Iprior to delinquencyl all taxes and assessments levied or assessed upon the Mortgaged Premises, or the interest
<br />created therein by this Deed of Trust, and exhibit the receipts therefor to the Noteholder I unless such payments are made by the Note-
<br />holder. as hereinafter providedl, and will defend the title and possession of the Mortgaged Premises to the end that this Deed of Trust
<br />shall be and remain a first lien on the Mortgaged Premises until the debt is paid, That Grantors will pay all attorney's fees and expen-
<br />ses which may be incurred by the Noteholder in enforcing the terms of the Note and this Deed of Trust or in any suit which the Note-
<br />holder may become a party where this Deed of Trust or the Mortgaged Premises is in any manner involved, and all expenses incurred in
<br />presenting a claim against the estate of a decedent or a bankrupt, The word ,"assessments" as used In this Deed of Trust, whether in
<br />this paragraph or elsewhere, shall include not only assessments by political subdivisions, but also maintenance charges, regular assess,
<br />ments and special assessments assessed by subdivision restrictions, homeowner's declarations for planned unit developments and assess-
<br />ments by condominium agreements, if any,
<br />
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