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<br />177 - DEED OF TRUST
<br />
<br />Texas Mortgege Ba
<br />
<br />s Association Uniform Deed of Trust 1976 - 1
<br />
<br />D .-.:.. M138240
<br />lJ 4e &tatt of mens.
<br />Qtltuntg Itf
<br />
<br />Harris
<br />
<br />l
<br />
<br />'145~74~ 1'4.13
<br />I(nnm 1\11 .en by aJ~ese 'resents:
<br />
<br />04/28/89 00575596 M138240 $ 9.00
<br />
<br />THAT
<br />
<br />LA PORTE PROPERTIES, INC., a
<br />
<br />Texas business corporation
<br />,whose mailing address Is 200 Garfield
<br />
<br />La Porte, TX 77571
<br />,State of Texas,
<br />
<br />Harris ,
<br />being the Oebtor(s) and hereinafter called "Grantors", (whether one or more), in consideration of TEN AND N0/100 DOLLARS ($10,00), in
<br />
<br />,of the County of
<br />
<br />unto
<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 />, Trustee(s), hereinafter called the "Trustee" 7
<br />the following described land and other property situated In the County of
<br />
<br />
<br />KNOX W. ASKINS
<br />(whether one or more), and to his successors In trust,
<br />
<br />Harris' State of Texas, to-wit:
<br />
<br />q
<br />~.
<br />
<br />Lots One (1), Two (2); Three (3), Four (4), Five (5), Six (6),
<br />Eleven, (11)-, Twelve -(-12) , --'1hirteen (-1-J), Fourteen (14), Fifteen
<br />(IS), Sixteen (16), and the. 16 foot (16') alley lying between
<br />all of said lots, all in Block Eighteen (18) of SYLVAN BEACH
<br />FIRST SUBDIVISI~, to the City of La Porte, 'Texas, in the J.
<br />Hunter Leagu~, Harris County, Texas, according to'map thereof
<br />recorded in Volume 3" Page 72, of the Map Records of Harris
<br />County, Texas, and, that certain tract located at the corner of
<br />Forrest and Willow Avenues adjoining Block Eighteen (18) of
<br />SYLVAN BEACH FIRST SUBDIVISI~ and described and included in
<br />Ordinance No. 683 of the City of La Porte, Texas, dated JUly 15,
<br />1963, recorded in Volume 5193, Page 14, of the Deed Records of
<br />Harris County, Texas.
<br />
<br />o
<br />
<br />together with all heating, plumbing, refrigeration, lighting fixtures, equipment and/or appliances now or hereafter attachSd 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 adv~ntages thereunto belonging or In anywise appertaining, hereinafter called the "Mortgaged Premises".
<br />
<br />TO HAVE AND TO HOLD the Mortgaged Premises unto the Trustee forever. Gral')tors 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 />1. This Conveyance Is made In trust, however, to secure payment of a debt In the principal sum of
<br />'lHIRrEEN '!HOUSAND (EE HUNDRED '!HIRTY-SIX AND 22/100
<br />
<br />DOLLARS
<br />
<br />($ 13 ,136. 22 ), evidenced by a Promissory Note of even date herewith, hereinafter called the "Note", the terms of which are
<br />-incorporated herein-by- reference;'"e~!I'c.uted=by-,.-=LA-PORl'E ~-PROPERl!r.ES,,~INC.
<br />.--..........
<br />
<br />payable to the order of CI'lY OF LA PORTE
<br />
<br />being the Secured Par:ty(ies), and hereinafter called the "Noteholder", (whether one or more) at
<br />, , P.O. BOX 1115, La Porte, Texas 77572-1115
<br />
<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 ther~ln and finall,"; maturing on J~e 10, 1990 ,
<br />
<br />2. This Conveyance Is' made 'In trust to further secure r:!ayment 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 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 />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 hereb'itransfer and assign unto the Noteholder:
<br />
<br />(a) All judgments, awards of damages and settlements her~inafter made resulting from condemn~tion proceedings or the taking o,f 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 />erwise) 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 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 attorf1ey's fees, on the debt in such manner as the Noteholder
<br />elects; ,
<br />
<br />(b) All bonuses, rents and royalties a!:crued'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 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
<br />terms of this Deed of Trust or the Note. '
<br />
<br />(e) All rents, issues and profits of the Mortgaged, Premises, 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 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.
<br />
<br />-4: The -prOC'eeds"of-'-th'eNote""fo-- the ext"'-Y.t-that 'theSiiiTie are otillzed" to-take"1iji"ilriy-outstan"iji;;g'lIens agaimt-tl1eI910r'tgaged'Preinlses; 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, Griintors further covenant_anQ_l!g!.ee:
<br />
<br />(a).That Grantors will pay the p~inci;;;;lOfand-interest'on' the-Note_l" accordance with the terms thereof. That Grantors are seized of the
<br />Mortgaged Premises and are entitled to convey the same; that Grantors iiiiilrmake-such..fur.the!:..assurance of title as may be necessary to
<br />fully confirm to the Trustee the title to the Mortgaged Premises. --- --______
<br />
<br />(b) That all awnings, door and window screens, storm window screens, storm windows and doors, mantels, cabinets, rugs, carpeting, line:- --
<br />leum, wall and in-a-door beds, stoves, 'shades, blinds, o'i1 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 chattels and personal property as are ever fur,nished by lendlords 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 Mortgeged Premises, being hereby agree<l 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 />(c) That Grantors will pay (pr,ior to delinquency) 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 (unless such payments are made by the Note-
<br />holder, as hereinafter provided), and will defend ttie 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.
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