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<br />20. Nothing herein contelned shall be so construed Dr operete as to require Grantors to pay interest on the Note Dr Notes, Dr any other lia-
<br />bility Dr debt now existing Dr herafter to exist hereunder at a rate greater than that allowed by the Laws of the State of Texas. and If any pro-
<br />visions herein contained do, Dr would, presently Dr prospectively, oparate to make this Deed of Trust Dr any part thereof void, voidable or In-
<br />effective, then such provisions only shall be held for naught and as though not herein cor1talned and shall be without effect upon Dr prejudice
<br />to the remaining provisions, which shall nevertheless remain operetlve. Any of said contracts for Interest shall be held subject to reduction to
<br />the highest amount allowed under the Usury Laws of the State of Texas as now Dr hereafter construed by courts having jurisdiction.
<br />
<br />21. In the event of the passage after the date of this Instrument of any law, which deducts any lien on the Mortgaged Premises from the
<br />value of the Mortgaged Premises for the purposes of taxation of deeds of trust Dr debts secured thereby, for state or local purposes, Dr which
<br />law changes the manner of collection of any such taxes so as to affect the Interest of the Noteholder, the whole sum secured by this instrument
<br />with Interest thereon, at the option of the Noteholder, shall Immediately become due, payable and collectible without notice to any party.
<br />
<br />22. If the lien of this Deed of Trust Is invalid Dr unenforceable as to any part of the debt, Dr If the lien Is Invalid Dr unenforceable as to any
<br />part of the Mortgaged Premises, the unsecured Dr partially secured portion of the debt shall be completely paid prior to the payment of the re-
<br />maining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary Dr under foreclosure Dr
<br />Other enforcement action or procedure, shall be considered to have been first paid on end applied to the full payment of that portion of the
<br />debt which is not secured Dr fully secured by the lien of this Deed of Trust.
<br />
<br />23. Whenever used the singular number shall Include the plural, the plural the singular, the use of eny gender shell include all genders. The
<br />words "Grantors" and "Noteholder" shall Include their heirs, executors, edmlnlstrators, successors and assigns and the word "Trustee" shall In-
<br />clude his successors and substitute trustees.
<br />
<br />24. Noteholder shall have the right to become the purchaser at all. sales to enforce this trust, being the highest bidder, and to have the a.
<br />mount for which such property is sold credited on the debt then owing.
<br />
<br />25. Grantors will pay all reasonable attorney's fees and expenses which may be incurred by the Noteholder Dr Trustee, in enforcing the
<br />terms of the Note and this Deed of Trust, or in any suit to which the Noteholder or Trustee may become a party where the Deed of Trust Dr
<br />the Mortgaged Premises are In any manner Involved and all expenses Incurred in presenting a claim against the estate of a decedent or a bank.
<br />rupt and will also pay any attorney's fees and expenses reasonably incurred in connection with the assignment to Noteholder of any leases
<br />subsequently entered into by Grantors which by the terms hereof are required to be assigned to Noteholder es additional collateral to secure
<br />payment of the Indebtedness herein secured as well as any and all such fees and expenses reasonably Incurred prior to full and final payment
<br />of such indebtedness relating to future advances, transfer of title to the premises and similar matters not otherwise provided for herein.
<br />
<br />26. With respect to any personal property herein described this Deed of Trust shall constitute a Security Agreement between Grantors and
<br />Noteholder, and, cumulative of all other rights of Noteholder hereunder, Noteholder shall have all of the rights conferred upon secured parties
<br />by the Uniform Commercial Code, as amended, as to this property. This Deed of Trust, as a Financing Statement, covers the following types of
<br />propertY: Minerals, crops and goods that are, or are to become, fixtures as more fully described herein, and related to the real estate described
<br />herein, and It Is intended that as to those goods and the proceeds thereof, this Deed of Trust shall be effective as a Financing Statement filed
<br />as a mineral, crop and fixture filing from the date of its filing for record in the Real Estate Records of the County in which the land Is located.
<br />Information concerning the security Interest created by this Instrument may be obtained from the holder of the Indebtedness and secured par-
<br />ty at the Post Office address as shown in Paragraph numbered 1 of this Deed of Trust. Until the lien of this Deed of Trust is released or satis-
<br />fied of record. Grantors agree, If requested by Noteholder so to do, to execute one or more Financing Stetements covering such personal prop.
<br />erty, In the manner and form required by law and to the satisfaction of Noteholder. Grantors agree to pay Noteholder's charge, to the maxi-
<br />mum amount permitted by law, for any statement by Noteholder regarding the obligations secured by this Deed of Trust, requested by Grant-
<br />ors or on behalf of Grantors. On demand, Grantors will promptly pay all costs and expenses of filing Financing Statements, continuation
<br />statements, partial releases and termination statements deemed necessary Dr appropriate by Noteholder to establish and maintain the validi-
<br />ty and priority of the security interest of Noteholder or any modification thereof, and all costs and expenses of any searches reasonably ,e-
<br />quired by Noteholder. Noteholder may exercise any or all of the remedies of a secured party available to it under the Uniform Commercial
<br />Code, as amended, with respect to such personal property, and it Is expressly agreed that if upon default Noteholder should proceed to dispose
<br />of the collateral in accordance with the provisions of the Uniform Commercial Code, as amended, ten (10) days notice by Noteholder to
<br />Grantors shall be deemed to be reasonable notice under any provision of the Uniform Commercial Code, as amended, requiring such notice;
<br />provided, however, that Noteholder may at its option dispose of the collateral in accordance with Noteholder's rights and remedies In respect
<br />of the real property pursuant to the provisions of this Deed of Trust, in lieu of proceeding under the Uniform Commercial Code, as amended.
<br />
<br />27. Grantors, upon execution and delivery of this Deed of Trust and the Note hereby secured, were informed that Paragraph 13 hereof
<br />grants a power of sale and provides for summary foreclosure procedure at the election of the Noteholder in event of default. As a condition
<br />precedent to obtaining the loan represented by the Note hereby secured, Grantors specifically waive the right to procedural due process, i.e.
<br />notice and opportunity to be heard in a judicial proceeding in a court having jurisdiction of the parties and the subject matter prior to com-
<br />mencement of such proceedings under the power of sale herein granted.
<br />
<br />28. In the event Grantors, Dr any owner of the Mortgaged Premises, without first obtaining approval of Noteholder (which approval shall not
<br />be unreasonably withheld), should sell Dr otherwise dispose of the Mortgaged Premises, or any part thereof, at any time before this Deed of
<br />Trust is fully releaSed and discharged, Noteholder shall have the option to declare the indebtedness hereby secured due and payable and If the
<br />same is not paid within ten (10) days after the same is declared due and payable, Noteholder may request the Trustee to commence foreclo-
<br />sure proceedings as hereinbefore provided In Paragraph 13, Dr may commence any other action authorized by this Deed of Trust to enforce
<br />the liens herein given. Failure to exercise this option shall not be considered as a waiver of the rights conferred in this Paragraph 28, but said
<br />OPtion may be exercised at any time.
<br />
<br />>>llC~U*~X~~iXiX~~X*~}kX~~~~~IK~~)GfI)l~~
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<br />The undersigned hereby designate
<br />located in Harris County, Texas,
<br />
<br />as their homestead, the property
<br />legally described as:
<br />
<br />Lots Twenty (20) and Twenty-One (2l), Block Seventy-Six (76),
<br />TOWN OF LA PORTE, in Harris County, Texas.
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<br />I RECORD"'" MEMOllANDUM' fi
<br />""~ At the time of recordation, this instrument was ~.
<br />'" found to be inadequate for the best photographic
<br />!;:,!~A~ reproduction ~ecause of Illegibility, carbon or ,':'J
<br />~ pho~C? copy, dIscolored paper, etc. All blockouts,
<br />additions and changes were present at the time
<br />the instrument was filed and recorded.
<br />I~ EXECUTED this day of February ,1/129 83 . f'~
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