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HomeMy WebLinkAboutLegal Documents 1_ " TE XA$, ~T;" ~,~P~,ff';B ID4t tatt of ijJ tXU!if (ttnul1tg of BRAZOS i 1KuntuAll .tit" by QJ~tSt Jlrtstuts: That WE, RANDOLPH W. WOODARD and wife, DOROTHY WOODARD ~ of Brazos County, Texas, hereinafter styled parties of the first part, (and considered in the plural sense whether one or more) in consideration of the sum of One Dollar in hand paid to the parties of the first part, by JOE R.SAWYER Trustee, party of the second part, of Brazos County, Texas ,the receipt whereof is hereby acknowledged, and of the further consideration, uses,purpos(~s and trusts herein set forth and declared, have Granted, Bargained, Sold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, Sell, Alien, Convey and Confirnl, unto the said party of the second part, and also to the Substitut(~ 'rruste(\ as hereinafter provided, all of the following described property, lying and situated in the County of Brazos , in the State of ITexas, to-\vit: Beingl.S2p acres lying and being situated in the RICHARD CARTER LEAGtJE, College Stati0t11, Brazos County, Texas, and being P\a~,t"",o~f,....Lot 22 of theD. A. Smith~ll:: di vi siQn.asshownQn the Plat of sai d . Subdl vi si on-recorae~O'I":49"~ 10S oftheiDee(j.Recordsof Brazos County, Texas; and being more particularly d~scribed a s fol lows:: BEGINNliN~at the iron rod set at the North corner of the beforementioned Lot 22; TH~NCEA460 SO' 0011 E along theNE ling of the beforementioned Lot 22 for a di~tanc~of 33S.70.feetto an iron rod set for corner; TH~~CE~4~o 10' 0011 W for a distance of 198.00 feet to an iron rod set for cOfi)ner~:il'fhe .sW line of the beforementi oned Lot 22; TH~NCE!alQ~gthe beforementioned SWline of Lot 22 as follows: N>460 531 56" W for a distance of '114.96 feet to a fence corner found for anglepotijt; :>Nif460471 5711 W for a di stance of 220. 74 feet to ani ran rod set for cornerla:~il.i~heWest corner of the said Lot 22; THENCEI!~i:I~~o 10' 0011 E along the NW 1 i ne of the beforementionedLot 22 for a distan~!~T,rq!f 198.00 feet to the Place of Beginnin'g, containing 1.526 acres of land (66,1.1-72.'56 sq. ft:) more or ~ess. If all or any part of the property or an interest therein is sold or transferred by Borrower, this ,lieh~'may not be assumed without Lender's' prior written consent. If such sale or transfer' is made without Lender's written consent thereto, Lender may, at lenderls option, declare all sums immediately due and payable. together with all improvements thereon, or hereafter to be placed thereon, and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining. TO HAVE AND TO HOLD unto the said party of the second part, and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrallt and Defend the premises aforesaid, and every part thereof, unto the said rrrusteeand to theSubstitute1'rustee, and to the assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim thesanle or any part thereof for and upon the following trusts, terms and conditions, to"wit: That, Whereas, the said parties of the first part are justly indebted to UNIVERSITY. NATIONAL BANK, College Station, Texas party ,of the third part herein, as evidenced by one certain promissory note executed by the said parties of the first part and payable to the order of the said party of the third part, and being further described as follow~, to-wit: In the original principal sum of $30,000.00; payable as follows: INTEREST ONLY is due and payable semi-annuallyasftaccrues for the first year, on the 5th day f lI!cember, 1980, and Q,n the 5th, day of June, 1981; after which date, PRINCIPAL AND INTEREST shall be due and payable in monthly installments of $682.59 each, payable on the 5th day of each and every calendar month, beginning July 5,1981, andcontinu'j ng regularly thereafter until the entire sum, with; nteres t at the rate of 13 perc~nt per annum, has been~uly paid. Said note provides for pre- payment of any sum at any time wfthoutpenalty, and for reasonableattorney's fees and interest on past due principal and interest in case of default. Now should the said parties of the first part make prompt payment of said indebtedness, and shall pay, or cause to be paid, all ~th~r indebtedness. secured by this. sonveyance, b9th principal.and int,erest, as the ,same shall become due and pay- able, and strIctly comply wIth all the cpndltlons and requlren1ents herein provIded, then thIS, conveyance shall ,become nuU and void and of no further force oreff(~ct, and shall be released at the eost and expense of said partIes of the first part, But should the said parties of the first part make defaultin the punctual paym~nt of ~aid i,ndebt~~dness, Of, any part t.here?~', principal or interest, as the same shaH becon-Ie due (~l~d payabl.e, or sl~ould said parties of the first part In. any r~speet fail to keep and perform any one or rnor<~ of the eond ltl?ns. h~relnprovldedto ~e. kept and perfor~~~d by saId parties (?f tl}e first part, then', in any such case, thewholeanlount of said l~ldebtedness remuHllng shall, at. the option, of the holder of "saul indebtedness, immediately mature and beconle payable, and it shall thereupon, or at any tIme thereafter, the saIne, orany part thereof, remaining unpaid, " be the duty of ,the said party of the second part herein, and of his successor or substitute, as hereinafter., provided, on the request of the holder of said indebtedness thereof (which request is hereby presumed) to enforce this Trust; and after advertising thethne,pJace and terms of the sale of all of the above conveyed and desc~ibed property, or any part thereof (the privilege of selling in whole or in part being hereby grant(~d) for at least twent:y~one days successively next before the day of sale, by posting up written or printed notices thereof at the doorof theCourtnouse of the., County, 'or each County, in which said real estate is situated, to sell the same, in accordance with such advertisement, at public vendue, at the Courthouse door of the County in which the sale is to be made, on the first Tuesday in anym.onth betweenthehours often o'clock A. M.and four o'clock P.M. toth(~ highestbidderforcash, selling all property above<~on- veyed as an entirety or in ,parcels as the Trustee may elect, and make due conveyance to purchaser or purchasers"with general warranty, binding the saicl parties()f the first part herein and their heirs and assigns ; and, out of themoneyarising from such sale,the 'frusteeacting shalL pay : First,. all the expeQsesofadvertising sale andconveyanc~, including a comlnission of five per eent to himsel f, and then to the holder of said indebtedness, the full amount of principal and interest due and un- paid on said indebtedness, as hereinbefore set forth, and alltClxes,assessrnents, insurance preluiums or other advancements made, as provided for herein, with, interest thereon, renderin~thebalance of the purchase money, jf any, to the said parties of the first part, their heirs or assigns ; and said sale shall forever heaperpetualbar against. the said partiHs of the first part, their heirs and assigns, and an other persons claiming under any of them. It is expressly agreed that the recitalsin the convey- ance to the purchaser shall be full evidence of the truth of.thematters therein stated, and all prerequisites to saidsaleshaU be presumed to have been performed. The holder of said indebtedness shall have equal rights to become the purchaser at such sale, being the highest bidder. In addition to the posting of the notice provided for above, the holder of said indebtedness shaH, at least twenty-one days preceding the date specified in the hereinabove described notice as the date upon which said property will be sold as aforesaid, serve written notice (,.r the proposed sale by eertified ulail on each debtor ()hligated to pay such deht accordin~ to the records of the holder of said indebtedness which service shall be cOlnpleted upon deposit of the notice, or a copy thereof, enclosed in a postpaid wrapper, properly addressed to each of such dehtors at the tnost recent add ress as shown by the rec- ords of the holder of such indebtedness, in a post office or offi~ial depository under the care and custody of the Unib~d States Postal Service or its successors. It is expressly agreed that the affidavit of any person having knowledgeof the facts to the effect that such service was completed as aforesaid, shall be pril11a facie evidence of the fact of such service and it is fur- ther exptessly .agreed and stipulated that the party of the seeond part, or any employee, agent or representative of the holder of said indebtedness may make such service as aforesaid. In any event, with or without cause or reason, at the option of the holder of the indebtedness, a successor and substitute Trustee maybe named, constituted and appointed by the said holder of said indebtedness, without other formality than an appointment and designation in \vriting; and: this conveyance shall vest in him, as 'rrustee~ the estate and title in all saidprenli. ses and he shall thereupon hold, possess and execute all the title, rights, powers and duties herein conferred on said 'I'rustee named, and his conveyance to the purchaser shall be equally valid and effective; and such right to appoint a successor or Sub- stitute, Trustee shall exist as often and whenever fron1. any of said causes, any Trust(~e,original or substitute, cannot or will not act. It is agreed .and stipulated that the parties of th(~ first part herein shaH and will at their own proper cost and expense, keep the property and premises herein described, and upon which a lien is hereby given and created, in good repair and condi- tion, and to pay and discharge as they are or may beCotlle' payable, all and every taxes and. assessments that are or may become payable thereon under any law, ordinance or regulation, whether made by Federal, State, or Municipal authority, and shall keep said property fully insured: in some company or companies approved by the holder of said indebtedness, to whon1 the loss, if any, shall be payable, <lmd by whom the policies shall be kept. And in case of default made by the parties of the first part in performance of any of~he foregoing stipulations, the same rnaybe performed by the holder of said in- qebtedness,' for account and at the expense, of the parties of the first part, and any and all expenses incurred and paid in so doing shall be payable by ,the parti(~sof the first part, to the party of the third part with interest at the rate of ten per cent per annum from the datewhenthesan1e was so incurred or paid, and shall stand secured and payable by and under this deed in like manner with the other indebtedness IH'reinnlentioned, and the Cllnount and nature of such expense and tinH' when paid shall be held. fullyestahlished by the affidavit of the holder of said indebtedness, or the holder's agent, or by the certificate of any Trustee acting hereunder. Provided, however, that the exercise of the right of advancement shall in nowise be considered or constitute a waiver. of the right of the holder of said indebtedness to declare same and all other indebtedness hereunder to be at once due and payable. ' It is further agreed and stipulated that the security herein and hereby providt~d shall not affect, nor be aff(~cted by, any other or further security taken or to be taken for the same indebtedness, or any part thereof; and the said parties of the first part hereby declare that the property hereinbefore mentioned and conveyed to said party of the second part forms no part of any property by thern owned, used, occupied or claimed as their homestead or as exempt from forced sale under the laws of the State of Texas, and disclaim and renounce all and everyelaim thereto under any such law or laws. It is further agreed and stipulated of the first part that in the event of any sale, under the terms of this deed of trust by the Trustee or a successor Trustee, of the above described property, parties of the first part, their heirs (or successors) and assiJ.{ns or any holding poss('st..;ion of tJu' ahovp deseribed property shall forthwith deliver posspssion of the property to the purchaser sale and upon failure to so deliver possession, the relationship or landlord and tenant at will "shall be created, and upon demand said. purchaser shall be entitled to institute and proceed with a Forcible Detainer action in the Justice of the Peace Court in the Justice Precinct in which said property is located. It is expressly understood and agreed that the recitals in the conveyance to the purchaser at said sale shall be full evi- dence of the truth of the matters therein stated, and all prerequisites to said sale shall be conclusively presumed to have been performed, and such sale and conveyance shaH be conelusive against the Parties of the First Part herein, their heirs and as- sign..'), whether such prerequisites shall have been perfornled or shall not have been pcrfonned, WITNESS our hand 5 this 5th day of June , 19 80 Randolph W. Woodard Dorothy ,Woodard SINGLE ACI{NOWLEDGMENT TI-IE STATE OF TEXAS, t.' COUNTY OF BRAZOS ~ . BEFOFtE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared RANDOLPH W. WOODARD and wife, DOROTHY WOODARD , ..' known to nle to be the person Sw'hose runneS a re subscribed to the foreJ.{oing instrun', ilt, and acknowledged to me that the y executed the same for the purposes and consideration therein expressed. GIVENUNDEltlVlY HAND AND SEi\.L OF OFFICE, this the day of June A.D. 1980 (L. S.) Brazos County, 'rexas Notary Public in and for SINGIJE ACKNOWLI~DGMENT THE STATE OF TEXAS, ( COUNTY OF ~ BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whosename subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpqsesand consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, , this the dayof A.D. 19 (L. S.) Notary Public in and for County, Texas COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day pers<?nally appeared CORPORATION ACKNOWLEDGMENT ~ THE STA TEOF TEXAS, , known to me to be the person and officer whose name' is subscribed. to the foregoing. instrument and ackno\vledged to me that the saIne was the act of the said a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein ex.pr~~ssed, and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. I ~) (L.S. ) Public in and for County, T(-~xas THE STATE OF TEXAS, COUNTY OF I HEREBY CERTIFY that the foregoing instrument of writing with its certificate of authentication, was filed for recordinmy office on the day of , A.D. 19 at o'clock M., and was duly recorded by meon the day of A.D. 19 in Vol. ,page , of the Records of said County. WITNESS MY HAND and the Seal of the County Court of said County, at my office in the day and year ,last above written. (L. S.) Clerk County, Texas By , Deputy.