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<br />;77 _ DEED OF TRUST csr Texas Mortgage Banker. A5Socialion Uniform Deed of TrusI 1976 - 1
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<br />~ wqP g,tatr Df WPXUS, I ~~'W1 i'
<br />I~ JKnnm ^11 ~~!i}j'rr!irnt!i: ~l
<br />r, Cllounty of HARRIS ~:-;
<br />;I~ GEORTGHAET MERRITT and W1' fe, J,'
<br />J VIVIAN MERRITT. whose mailing address Is
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<br />I~ 906 West Adam Street, La Porte, Texas 7757l
<br />:.:d ,of the County of Harris ,State of Texas, :~i,'
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<br />, baing the Debtor(s) and hereinafter called "Grantors", (whether one or more), In consideration of TEN AND NO/100 DOLLARS ($10.00), In
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<br />~ hand paid, and the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, I!nd!Jy these presents do Grant, Sell and Convey ~
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<br />.",,!..<,i, unto KNOX W. ASKINS ' Trustee(s), hereinafter called the "Trustee" '.t'.l,'
<br />.! (wheth~r one or more), and to his successors in trust, the following described land and other property situated in the County of
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<br />~ Harris ,Slate of Texas, to-wit: ~
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<br />..~~;:"~: Lots Twenty (20) and Twenty-One (2l), Block Seventy-Six (76), :~::-i:l','
<br />TOWN OF LA PORTE, in Harris County, Texas, to which reference tl
<br />is here made for all purposes.
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<br />~ connection therewith, and all buildings and improvements thereon and hereafter placed thereon; appurtenances, servitudes, rights, ways, privi. ~~
<br />'Id leges, prescriplions and advantages thereunto belonging or in anywise appertaining, hereinafter called the "Mortgaged Premises". ,
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<br />: ~ TO HAVE AND TO HOLD the Mortgaged Premises unto the Trustee forever. Grantors hereby bind themselves to warrant and forever de- .'j
<br />~ fend the title to the Mortgaged Premises, or any part thereof, unto the Trustee against all persons whomsoever claiming or to claim the same ' ,
<br />~ or any part thereof. ,.
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<br />1,1 1. This Conveyance is made in trust, however, to secure payment of a debt in the principal sum of --------------------- J'
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<br />~ SIX HUNDRED AND NO/lOO------------------------------------------€>OLLARS I
<br />~ ($ 600. 00 ), evidenced by a Promissory Note of even date herewith, hereinafter called the "Note", the terms of which are ~
<br />I':! incorporated herein by reference, executed by GEORGE MERRITT and wife, VIVIAN MERRITT t,
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<br />~ payable to the order of CITY OF LA PORTE ~
<br />I~ being the Secured Party(ies), and hereinafter called the "Noteholder", (whether one or morel at .~l
<br />h 604 West Fair.mon~ Parkway, P. O. Box lll5, La Porte, Texas 7757l f
<br />ji,: 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 />terest and in installments as stipulated and provided therein and finally maturing on March l, 19 8 4
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<br />2. This Conveyance is made In trust to further secure payment of all other amounts with interest thereon becoming due and payable to I
<br />the Noteholder under the terms of the Note or this Deed of Trust, including (but not limited to) any extension, renewal or re-amortlzation 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 />'li: tended to be secured hereby; and to further secure performance and discharge of each and every promise, obligation, covenant and agreement ;;:
<br />:/'1 ~~e~~ao~~ors contained in the Note, this Deed of Trust or any other instrument executed by Grantors, pertaining to said debt or the security ,~]
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<br />1 3. As additional security for the payment of said debt, Grantors hereby transfer and assign unto the Noteholder: r"
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<br />~ la) All judgments, awards of damages and settlements hereinafter made resulting from condemnation proceedings or the taking of all or l;,
<br />A any part of the Mortgaged Premises under the power of eminent domain, or for any damage (whether caused by such taking or oth- ~
<br />. i! erwise) to the Mortgaged Premises or any part thereof, or to any rights appurtenant thereto, including any award for change of grade '~1
<br />n 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 />il: liver acquittances 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 attorney's fees, on the debt in such manner as the Noteholder ~
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<br />(bl All bonuses, rents and royalties accrued or to accrue under all oil, gas or mineral leases, now existing or which may hereafter come into
<br />existence. Grantors direct payment of the same to the Noteholder, at the option of the Noteholder and upon written demand of
<br />:. the Noteholder therefor, to be applied to the debt until paid, whether due or not, and either before or after any default under the I'i.'
<br />t::; terms of this Deed of Trust or the Note. (;A
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<br />~:~. Ic) All rents, issues and profits of the Mongaged Premises, including, but not limited to, all unsevered crops, or Grantors' interest there- t.I',.
<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 />1 force and effect so long as any default continues in the matter 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. 10-'
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<br />i..i, 4. The proceeds of the Note to the extent that the same are utilized to take up any outstanding liens against the Mo,.tgaged Premises, or tl
<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, t'
<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 f'
<br />1.;; debts are acquired by the Noteholder by assignment Or are released by the holder thereof upon payment. ~.
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<br />I~ 5. Grantors further covenant and agree: tl
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<br />" (a) 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 />i~ Mortgaged Premises and are entitled to convey the same; that Granlors will make such further assurance of title as may be necessary to :-.;
<br />f:'.' fully confirm to the Trustee the title to the Mortgaged Premises. I,
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<br />~ Ibl That all ewnings, door and window screens, storm window screens, storm windows and doors, mantels, cabinets, rugs, carpeting, Iino- t1
<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 />r., goods and chanels and personal property as are ever furnished by landlords in letting or operating an unfurnished building, or which are 1:.
<br />f:' or shall be attached to said building by nails, screws, bolts, pipe connections, masonry or In other manner, and all additions thereto and b
<br />".,,1. replacements thereof, and such built-in equipment as shown by plans and specifications, are and shall be deemed to be fixtures and ac- fr::;]
<br />" .cessions to the Mortgaged Premises, being hereby agreed 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.
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<br />I ~ (c) That Granlors will pay (prior to delinquency) all taxes and assessments levied or assessed upon the Mortgaged Premises, or the interesl l'i
<br />~" created therein by this Deed of Trust, and exhibit the receipts therefor 10 the Noteholder (unless such payments are made by the Note- :.'
<br />holder, as hereinafter provided), 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 />i~ 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- tj
<br />r: holder may become a party where this Deed of Trust or the Mortgaged Premises is in any manner involved, and all axpenses Incurred in I'.,
<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 />i.: this paragraph or elsewhere, shall include not only assessments by political subdivisions, bUI also maintenance charges, regular assess- f'l
<br />I; ments and special assessments assessed by subdivision restrictions, homeowner's declarations for planned unit developments and assess-
<br />ments by condominium agreements, if any.
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