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<br />rs Association Unlf~rti-t Daed of Trust' 1976':-1\
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<br />Taxas Mortgage B
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<br />10/21/85 00090483 Ki54886
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<br />$ 17.
<br />ICnnm 1\11 .en by m~ese 'resents:
<br />029-67-0021
<br />
<br />Gtountg Df
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<br />THAT BAR8Ot.lR3 aJ1' IMPORr SERVICE, INC.
<br />a Texas business corporation
<br />
<br />, whose mailing address Is P.O. Box 1027
<br />LaPorte, Texas
<br />I of the County of Harris ,State of Texas,
<br />I?eing the Debtorls) and hereinafter called "Grantors", (whether one or more), In consideration of TEN AND N0/100 DOLLARS ($10.00), In
<br />hand paid, and the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey
<br />unto m>x w. ASKINS , Trustee(s), hereinafter called the "Trustee"
<br />(whether one or more), and to his successors In trust, the following described land and other property situated In the County of
<br />
<br />77571
<br />
<br />Harris
<br />
<br />,State of Texas, to-wit:
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<br />
<br />41. 61 acres of land, nore or less, in the Erioch Brinson 'Survey, A-5,
<br />Harris County, Texas, being nore particularly described on Exhibit "A"
<br />attached hereto, incorporated by reference herein and made a part
<br />hereof for all purposes.
<br />
<br />together with all heating, plumbing, refrigeration, lighting fixtures, equipment and/or appliances now or hereafter attached'thereto or used in
<br />connection therewith, and all buildings and improvements thereon and hereafter placed thereon; appurtenances, servitudes, rights, ways, privi-
<br />leges, prescriptions and advantages thereunto balonglng or in anywise appartalnlng, hereinafter callad the "Mortgaged ,Premises" .
<br />
<br />TO HAVE ANO TO HOLD the Mortgaged Premises unto the Trustee forever, Grantors hereby bind themselves to warrant and foraver de-
<br />fend the title to the Mortgaged Premlsas, or any part thereof, unto tha Trustee against all persons whomsoever claiming or to claim the same
<br />or any part thareof.
<br />
<br />1. This Conveyance is made In trust, howaver, to secure payment of a debt In the principal sum of
<br />
<br />Forty-one thousand .seventy dollars and ten cents DOLLARS
<br />($ 41,070.10, ), evidenced by a Promissory Note of even date herewith, hereinafter called the" Note", the terms of which are
<br />incorporated herein by reference, executed by
<br />
<br />BARBOORS aJ1' IMPORI' SERVICE, INC.
<br />payable to the order of CI'IY OF IAPORTE, a rm.mi.cipal corporation
<br />being the Secured Party(Jes), and hereinafter called the "Noteholder", (whether one or more) at
<br />
<br />P.O., Box 1115, LaPorte, 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 as specified therein.
<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 Daed of Trust, Including (but not limited to) 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 />(a) All judgments, awards of damages an'd settlements hereinafter made resulting from condemnation procaedlngs 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 />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, efter .the payment of'all expenses, Including costs and attorney's fees, on the debt in such manner as the Noteholder
<br />el ects;
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<br />(b) 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 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 />(c) 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 t.he Noteholder to be applied to the debt until paid, whether due or not. This assign-
<br />ment shall become operative upon any defaul~ 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 proceeds of the Note to the extent that tha same are utilized to take up any outstanding liens against the Mortgaged Premises, or
<br />any..por.tlo.n th~r.eof..have bee" advanced by.tha NoteholdE!r. 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 titlas, liens,
<br />and equities owned or., claimed by anv owner or holder of anv outstanding liens and debts, however remote, regardless of whether said Iians or
<br />dabts 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 />(a) That Grantors will pay the principal of and interest on the Note In accordance with the terms thereof. That Grentors 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 />(b) That all awnings, door and window screens, storm window screens, storm windows and doors, mantels, cabinets, rugs, carpeting, Iino,
<br />leum, wall and in-e-door beds, stoves, shad as, 'blinds, 011 and other fuel-burning systems and equipmant, watar haaters, radiator covars,
<br />and all plumbing, heating, lighting, cooking, ventllatln'g, cc;>>ollng, 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 nalls, 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 flxturas and ac-
<br />cessions to the Mortgaged Premises, baing hereby agreed to be Immovablas and a part of the realty as between the parties hereto, and
<br />shall be deemed to be a part end portion of the Mortgaged Premises,
<br />
<br />(c) That Grantors will pay (prior to delinquency) all taxes and assessments levied or assessed upon the Mortgaged Pramlses, or tha interest
<br />created therein by this Deed of Trust, and exhibit the receipts therefor to the Noteholdar (unless such payments are mada 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 feas 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 expanses 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 />mants 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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