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<br />Texas Mor~3B
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<br />177 - DEED OF TRUST
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<br />ICnnm AU .tItn by m~tSt J1rtstnts:
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<br />Oll1unfg-l1f - HARRI S
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<br />THAT
<br />GEORGE MERRITT: and wife,
<br />~06 West Adam Street, La
<br />
<br />'VIVIAN' MERRITT. whose maJllng address Is
<br />
<br />Porte, Texas 77571
<br />, of the County of Harris ,State of Texas,
<br />being the Debtor(s) and hereinafter called "Grantors", (whether one or morel. in consideration of TEN AND NOnOO DOLLARS ($10.001, In
<br />hand paid, and the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey
<br />unto KNOX W. ASKINS , Trustee(sl, hereinafter called the "Trustee"
<br />(whether one or morel, and to his successors In trust, the following described land and other property situeted In the County of
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<br />Harris
<br />
<br />, State of Texas, to-wit:
<br />
<br />Lots Twenty (20) and
<br />TOWN OF LA PORTE, in
<br />is here made for all
<br />
<br />Twenty-One (2l), Block
<br />Harris County, Texas,
<br />purposes.
<br />
<br />Seventy-Six (76),
<br />to which reference
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<br />together with all heating, plumbing, refrigeration, lighting fixtures, equipment and/or appllancas now or hereafter attached thereto or used in
<br />connection therewith, and all buildings and improvements thereol),.and hereafter place.d thereon; appurtenances, servitudes, rights, ways, privi-
<br />leges, prescriptions and advantages thereunto beIOngi~~ ~rJ~..a~ywlse .IIP.~[talnin~:. ~er~inafter called the "Mortgaged Premises".
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<br />TO HAVE AN.D TO HOLD the Mortgaged Preml!9si'-"ufito the TnSlltll~,~rever:'!3rantors hereby bind themselves to warrant and forever de-
<br />fend the title to the Mortgaged Premises, or any part tR.e~eof, unto the, Tr,l\Jstee aga'l"lst all persons whomsoever claiming or to claim the same
<br />or any part thereof. . ~.. 'i '" ..
<br />. ~. .. .
<br />1. This Conveyance is made in trust, however, to secure payment of a debt in the principal sum of ---------------------
<br />AND NO/lOO----------::.------------------------------~OLLARS .
<br />
<br />SIX HUNDRED
<br />($ 600,.,00
<br />
<br />), evidenced by a Promissory No.te of even date herewith, hereinafter called the "Note", the terms of which are
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<br />incorporated herein by reference, executed by GEORGE MERRITT and wife, VIVIAN MERRITT
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<br />payable to the order of CITY OF LA PORTE
<br />
<br />being the Secured Party(iesl, and hereinafter called the "Noteholder", (whether one or more) at
<br />
<br />604 West Fairmont Parkway, P. O. Box lll5, La Porte, Texas 7757l
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<br />which is the Noteholder's post office address, or ~t such other place as the Noteholder may from time to time designate in writing, with in-
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<br />terest and in installments as stipulated and provided therein and finally maturing on March l, 1984
<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 dabt or the security
<br />therefor.
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<br />3. As additional security for the payment of said debt, Grantors hereby transfer and assign unto the Noteholder:
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<br />(al 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 fQr 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 attorney's fees, on the debt in such manner as the Noteholder
<br />elects;
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<br />(b) All bonuses, rents and royalties eccrued 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.
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<br />(c) All rents, issues and profits of the Mortgaged Premises, including, but not limited to, all unsevered crops, or Grentors' 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 10,ng a.s .an,y default.continues in the matt@r 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.
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<br />4. The proceeds of the Note to the extant 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.
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<br />5. Grantors further covenant and agree:
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<br />(a) That Grantors wlli 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 ba necessary to
<br />fully confirm to the Trustee the title to the Mortgaged Premises.
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<br />(b) That all awnings, door and window screens, storm window screens, storm windows end doors, mantels, cabinets, rugs, carpeting, lino-
<br />leum, wall and in-a-door beds, litoves, shades, blinds, 011 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 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 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 />(c) That Grantors will pay (prior to delinquencyl all taxes a!1d 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 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 ~he 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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