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<br />,. 177 - DEED OF TRUST <br />.. - <br />-," "~-====-r :-\..~ -~-=...= -:':...: <br /> <br />I <br /> <br />I~ <br />i'.; <br />I~ <br />~ <br />~ <br />:,:: <br />(,-4 <br />:/1 <br />.~ <br />I'A <br />,~ <br />Iii <br />R <br />I~ <br />~'~ <br />;J <br />d <br />~ <br />Hi <br />.~ <br />.~ <br />~ <br />.~ <br />,1 <br />'1': <br />fA <br />,11 <br />~ <br />~ <br />I~ <br />, <br />:~ <br />;1 <br />~ <br />~ <br />'1 <br />Iii <br />1)< <br /> <br />I~ <br />k <br />~ <br />I~ <br />~ <br />;?, <br />1 <br />.~ <br /> <br /> <br />I~ <br />r.:: <br />" <br />~ <br />'I'~ <br />~ <br />i:1 <br />!{ <br />l~ <br />,1 <br />.~ <br />i.: <br />I~ <br />I. <br />K <br />.~ <br />III <br />~ <br />~ <br />t~ <br />1;1 <br />~.~ <br />tl <br />/) <br />:1 <br />i ~ <br /> <br />i' <br />I <br />", <br />" <br /> <br />. csr <br />.... -- .. -.- .....- - ..--_. - <br />...----,,_..~ ..~_.'. -- - . <br /> <br />w4r ~tutr Df wrxnsf <br /> <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 /> <br />~. :u~.:.;;;..._..: ..~._.__"9. -_...=...z...:':-;.......::::.-:1. ._....=-.::. _ _ _____ _ <br /> <br />-...-.... -.... <br />---- .- -..-- ... <br />