HomeMy WebLinkAboutLegal DocumentA=~8F3=.-WARRANTY DEED-With Ye: ~ Lien, Single, Wife's Separate and Joinb Aclrnowledgn
MARTIN Stationery Co., Dallas, Teaaa
courrTY oI~___.______ B x_A_z o s__________.. Knaw .~.111VIen By These Presents:
That we, LEE ROSS BATSON
and wife LEONA BATSON
of the County of B R A Z O S ,State of
TEXAS for and in consideration of
the sum of
TEN AND N O/ 1 0 0 . . DOhTaARS,
and other good. and sufficient considerations CASH in hand. paid by: LEONARD MCDONAL
and wife CAROLINE MCDONALD, the receipt of which is hereby acknowledged; and the
further consideration of the sum of IX THOUSAND TWO HUNDRED. FIFTY O 100
DOLLARS ($6, 250.• 00) as is evidenced by the execution and delivery by Grantees of
their one certain promissory note in said sum of $6, 250. 00 of, even date herewith
and bearing interest from date until maturity at the rate specified therein; .payable to
the order of the BRYAN BUILDING AND .LOAN ASSOCIATION at Bryan, Texas, in
monthly installments of $ 5 0 . 0 0 each, same including both principal and interest,
and the first installment due and payable on or before the 10th day of January 19 5
and a like installment due and payable on or before the 10th day of each succeeding
month thereafter, until the entire principal sum, together with all interest thereon is
paid in full; it being the duty of the holder of said note to apply so much as is tnecessary
of each monthly installment. to the payment of accrued interest, and'to apply the balance
of the payment as of the date of the payment to the payment of principal; and said note
providing for interest at the rate of 10% per annum on all past due principal and interest
for acceleration of maturity and containing the usual 10°~o attorney's fees clause. Said
note is further and additionally secured by a Deed of Trust of even date herewith from
Grantees to Aline Brogdon, Trustee for the benefit of the said Association covering the
hereinafter described property. And we, the Grantors herein, here now transfer and
assign all right, title and interest we have in and to said note, together with all liens
securing. same, unto the said Bryan Building and Loan Association, it having paid us
said sum of $6, 250. 00; and this note is transferred with recourse on us.
have Granted, Sold. and Conveyed, and by these presents do Grant, Sell and Canvey unto tlae said
LEONARD MCDONALD and wife CAROLINE MCDONALD
of the County of B R A Z O S . . ,State of T E X A. S . . • all that certain
tract or parcel of land lying and being situated in the J. W, SCOTT LEAGUE
in Brazos County, Texas,. and being out. of the 37 acres of land conveyed to Lee
Ross Batson et ux by Raymond Jones, Receiver, by Deed dated December 9, .1952
and recorded in Volume 157, page 158; Deed Records of Brazos County, Texas;
and the property herein conveyed being more particularly described by metes and
bounds as follows:
BEGINNING at a point at the intersection of the Ferguson Crossing Road and the
League line, same being the most Northeasterly corner of the Batson 37 acre tract;
THENCE, continuing with the Soutli line. of said road, acid the North line of said
tract, South 63 West 210 feet and corner in said League line;
THENCE, South 45 West X30 feet and corner;
THENCE, North 63 East 210 feet and corner in the League line;
THENCE, North 45 East 210 feet to the GLACE OF BEGINNING.
TO HAVE A1rTD TO HOLD the above described premises, together with all .and singular, the rights and
appurtenances thereto in anywise belonging .unto the said
LEONARD MCDONALD and wife CAROLINE MCDONALD, their
heirs and assigns forever; and w e do hereby bind o u r s e l v e s, o u r
heirs, executors and administrators,. to Warrant and Forever Defend all and singular the said premises unto the
said
LEONARD MCDONALD and. wife. CAROLINE MCDONALD, their
heirs and assigns, against every person whomsoever. lawfully .claiming, or to claim the same, or any part
thereof.
But it is expressly agreed and stipulated that the vendor's Lien is Yetained against the above described prop-
erty, premises .and improvements, until the above described note ,and all interest thereon are fully
paid according to its face and tenor, effect and reading,. when this deed shall become absolute.
Witness our hand s at Bryan , Texas . • this _ 1 0th day of
. .NOVEMBER ,A.D.19 53.
Witnesses at Request of grantor: • ' ~ ~ e,~ ~ 1 ;~
,. r
' ~ `~ i 111 r ~` . .................... ...L..e.e ...R..os.s....~..a.t s.o .ri..................
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~~~ ~ r ~~ ~ Leona Batson
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IIY~,Y1 ': ,,Y 1, :' Y-'1:i ~~c,~1 ~Y'~.. .1 y II ~ ,17 ...............
THE S'~ATE ~~ TE~A.S,
......_..._ .............._._.---.~.........__-----_.__..._..__._:.:._..---•----_...~..°._..._...:._.._._:. -----•---., in and for
....._...........-•---•-------.....___....:..__.....° _ .......:.....__.~---.------_~__:....--..°----.-.-:--:- ...:_.._County; Texas, on this day personally appeared
known to me to be the person:.._._....whose name.._............_.._..._.subscribed to the foregoing instrument, and acknowledged to me tha4
.._.._.he...._:...._executed the same for the purposes and consideration therein expressed.
GIVEN UND1aR MY HAND AND SEAT, Ol• OFFICE, This..~_~..•-•.-.._.day of......_._._...._..........r .............._-._., A. D. 14.._..._...,
THE ST1-~.TE ®~' TE~~,
BEFORE ME,~__._.....-•---.....-•--• ...............:_..........._..._._.._._.__...._..._._...........
COUNTY O2a ...............•-•-•---.......--••--••-•---------...............
-----_..____.....--•------.....~..........._........_.,._.._.__....w....,.._.._....~..._.:»..__.__._-._ .............:.........---•--•----._....._._.....__.:._._................---...---.._:_............, in and for
_...__............~.._...._ .......:.........:--,.._..._....__._.._..--•_---°...:_..._............_.__._._.........:.: _County, Texas, on this day personally appeared
_ ............................_....._._......,._._......_...._.........--•----._..._._._........_..._._..:._..M...-•------...---•--...._.......:..---......................._.. ........., wife of
known to me to be .the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and
• _ .` _
apart from her husband, and; having the same' fully explained to her, she, the said.._........_ ..............._._......_...:_.......__.....:...__.._...__.._........................
.....-•--•-•-••-• .............................•-•----.........--•-----............._.._........------•--•--•----:.........,.................._._.acknowledged such instrument to be her act and deed, and
she declared that she had willingly signed the same. for the purposes and consideration therein expressed, and that she did not wish
to retract it.
GNEN UNDER MY HAND AND SEAI, OF OFFICE,. This...._...:.._.:.__:..._..__day of-• ................___..-•--•--....--•-.------------., A.D. 19........._.
THE. ~T.A.TE OF' TE~.AS,
B R A Z O S 13E1~oR~ >~~,--------• .......................•-------------------•----------•----------•-••------•---------
COUNTY OF .....:............••--........-•----...----................._..._
-.a_~N_otary Public in and for
... .
_ ......................._.._.....~.....-•---•-._ B~r a z_o s•_._._•_..~..._. .. .....____County, Texas, on this day personally appeared
....----••-----....__...,L E_E.. R.:Q.:S `J___:.B_A .T _S_~_N ._ .. _. `..-•.----•--.._.~..:__---•-_.and .............•--•-------..._
__,---__,•._~__,-,L E O N A ...--_B A T S O N ._.._.....: ............._...„.._.....--._...----.._..... ,his wife, both known to me to be
the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein ezpressed, and the said......_._.:_.._.......~L-„E,O.l~_A__..._.B_A_T_S O.N.-.-•,.,•_••-,.,•...--,---.•-------------•••_-
.._........._._...._..:......_......:_.._.........._..._..._.._..._.._..._._........~.....wife of the said._.-. L_ E_E-.,-ROSS B.A T S O N
_...._ ...................__........._......._.:_.._.__..._._....__....._._._..._..._.._.._..._:.~..---.•.--__..._having been examined by me privily -and apart from her
husband, and having the same fully explained to her, she, the said_._..._._..._...~ E_Q_~AM__:B_A~T S O N_-_•_.. _ _ _ _......__..._._....
acknowledged such .instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and
consideration therein expressed, and that she did not wish to retract it.
10 NOVEMBER 53
GNEN UNDER MY HAND AND SEAL, O~ OFhICE, This ..............•-..__....._...day of....__......:......................-.....-.._........., A.D. 19.._.........
~,_ ..,
--•
___Ruby_C._McQueenY~._ Notary-Pub-ic in_and fo~ Brazos Co. ,Texas.
THE STAT-Ej OF' TE;X~S
COUNTY OF__.. ~:.^~..~-=''~-fX--•.. 9 I,..--••----...---- -~-~•-•• ~ -~ -----..~ tl .~. ~_... ~`t t~
_ /,/
County Clerk of the County Court of said ! aunty, do hereby 'certify that the foregoigng instrument of writing dated on the..l...~ :_:....
.._.._....... ....:.....day of..~'d~~rA''~.. ' A. D. 19~?,.1; vath its Certificate. of Authentication, was filed for record in my office
// , JJ
on the.......J.._-.~''~........__.day of. ~~c9". ~! ... ....., -!}., ;'A. D. 19,G.~.~atiT~_t.._o'clock ~.-----._.-M., and was duly recorded this..J1._~~ .
~' ,.. _ ~
day of.. ....„r.'~~.~1..~.-::t.''r..~~:_t'1~.~....~~~ . -, A. D. 19.~~ ~C, at.~....~.~ii'c1oc1L:. ~.....____M., in. the Records of said County, in Vol-
. y,, ~}
ume......-•---/••..+CL'.../--..__._--_., on pages.---~ ~..~_..~E.--•--•----••
WITNESS my hand and seal of the County Court of said County, atoffice in_..__.,x~......~_:c.~..:_;~r.Pt-1....'.`:~"'~- ... r~.,::s.~,=~...._.
~'_. "
.........._ .......................................___.........._................._.._._......._._....._......:...._...:..ahe day and year last. above writ~n.
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Clerk County Court.....__.... ... "'~'`-~~:: ~ .:... ~ _. Count Texas.
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THE STATE Ob' TEXAS KNOW ALL MEN BAY THESE PRESENTS:
COUNTY OF BRAZOS
--_-we-,- LEONARD MCDONALD
That ----------- --------------------------- ---------------------------- ----- ----------------
_______________________ a n d_ w i f e___ C A_R_O L I N_E___ M C D O N A L D --
--------------------------------------------------~--------------------------------------------------------of the County.
of Brazos, and State of Texas, hereinafter called .'Grantors, whether one ar more,; BEING JUSTLY INDEBTED TO BRYAN
.BUILDING AND LOAN A!SSOCIATJON, a corporation, domiciled at Bryan, Brazos County, Texas, hereinafter .called Third
sParrty, in the sum of-------=------- --------_.._-- ~,~ 6 2 5 0 0 0 ~_
--- -- ---
- - -SIX THOUSAND TWO HUNDRED FIFTY & NO~100-- /`DOLLARS
.evidenced by one certain promissory note of even date herewith, executed by Grantors, payable to the order of said Association,
bearing interest from date until. maturity at the rate therein provided, interest payable monthly,. said note 'being payable. out of
a total monthly payment of 5 0 . 0 0 __to be made by' Grantors to Third Party,• beginning on the 10th day of
__________,j a_n u a r y___________~ 196__4 ,and an the 10th- day of -each month thereafter. until fully paid, provided that the
last payment may be of a greater or lesser sum to pay off and discharge said debt; said total monthly payment to Abe applied
first toPohe a ment of sum of _ 5 0 0 -_-__ __ _____into a "Taxes and Insurance Account"
P Y $----------------- -----=------------
and the balance to be applied toward payment of a monthly installment of $_ ______-___5~5_._Q Q_____________ upon said note,
said installment to be applied .first to the interest due ..and then to principal, all of said payments being payable at the office ofi
said Association in Bryan, Texas, all past due principal and interest bearing interest from maturity thereof until paid at the
xate of aen percent per annum, and with ten per cent additional as attoim~ey's fees thereon in case carne ehall 'be placed in
the hands. of an attorney for collectioi-, suit or establishment in any manner in any court, and providing for maturity of the
entire balance bhen unpaid at the option of the holder in event of default .for mare than two ananths in the payment of any
installment ,or of any monthly payment. hereon, THE' PAYMENT OF WHSCIi .NOTE AC~CO~RDING TO IT'S TERMS GRAN-
TORS I).ESIRE TO ASSURE'AND SE~CU'RtE TO SAID TIiIRD PARTY, in consideration of the sum of Ten Dollars ($10:00)
and of other good and valuable considerations in hand paid by ALINE BRO~GDON
Second Party, hereinafter called Trustee, the receipt of which is hereby acknowledged and. confessed, RAVE GRANTED, BAR-
G'A~INED, :SOLD :AND CONVEYED, .and by these presents do grant bargain, sell alien, convey and' confirm unto said Trus-
-tee, and also to the Substitute 'ISrustee, as hereinafter' provided, all of the following described property, together with all im-
Trovements thereon, or hereafter placed thereon, as well ass all betterments or addition thereto, and? adl and singular the rights and
.rappurtenaitces to the same belonging or in anywrse incident or appertai~hirig;
Being a .tract or parcel of land out of a 37-acre tract of
land ..lying and being situated in `the J. W. SCOTT LEAGUE
in Brazos County, Texas; said 37-acre tract of land being the same
A property conveyed to Lee Ross Batson. et ux by Raymond Tones, Receiver, by Deed
dated December 9, 1952,. and recorded in Volume 157, page 158, Deed Records
of Brazos County, Texas, and the property herein conveyed being further described
by metes and bounds as follows:
BEGINNING at a point at the intersection of the Ferguson Grossing Road and .the
~I~ League line, same being the most Northeasterlycorner of the Batson 37-,acre tract;
THENCE, continuing with the South line of said road, and the North line of said tract,
South 63 West 210 feet and corner in said League line;
THENCE, S. 45 West,. 630 feet and corner;
THENCE, North 63 East, 210 feet and corner in the League line;.
Ip, THENCE, North 45 East 210 feet to the PLACE OF BEGINNING.
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THIS DEED OF TRUST is given as further and additional security on a Note of even
date herewith in the. principal sum of $6 , 2 5 0 . 0 0 , same constituting a
VENDOR'S LIEN on the hereinabove described property,..given as part of the
purchase money therefor, as shown in the. Deed of even date herewith from
Lee Ross Batson et ux to Leonard.McDonald et ux, duly filed for record in the
Deed Records of Brazos County, Texas, to which reference is .here made in aid.
of description of said land, liens and obligation and the recitals therein contained.
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WH~E'REAS the said __L_E O N_A R D M C D O N A L D e t u x ___is a anember of said Association and awns
------------------------------------
one share of direct reduction stock therein, said share is ~-10o pledged herein as security for this loan, as shown by stock cer-
tificate issued to (him or her).
It is agreed that Third Party shall be subrogated to all rights, liens and title of the holders of said original notes hereby
renewed and extended and that liens shall continue in full force and effect as security for the above described rate, and Gran-
tors expressly acknowledge that said liens are valid.
TO HAVE AND TO HOLD ,unto him (or her) the said Trustee, and to his (or her) suceessor~s and assigns forever, the
above described property and premises, together with'all and: singular the rights and .appurtenances thereto in anywise belong-
ing. And the said Grantors do hereby covenant with the. said Trustee and .his successors, that the indebtedness for which this
deed of 'trust vs given as additional security, is secured by a fir st and. prior lien on the above described land and improvements,
and will WARRANT AND ~FO~REVER DFJFEND the. title to the same or any part thereof unto the said Trustee, his successors
and assigns, against the lawful. claims and demands of all persons. Any title to the .lands herein described hereafter acquired
I by Grantors ar .either of them or their assigns, shall .inure to the benefit of this trust.
For the better securing of the payment of said note Grantors do hereby. agree and bind themselves:
1. To pay the monthly payments herein provided for and said indebtedness and all interest thereon promptly as the same
become due and payable. '
2. To keep all fences, buildings and other improvements now on the said premises or hereafter put thereon, in good con-
dition and repair and to permit no waste on said property and generally to do no act by which the value of the above described
premises may. be impaired.
3. To insure and keep insured the improvements on said land against loss or .damage by fire, to an amount not less than
the amount of the indebtedness secured by thus deed of trust, or, if the reasonable - value of such improvements shall be less
than the amount of the indebtedness, to an amount not less-than the reasonable .value of said improvements; and against loss
I by tornado or windstorm to an aanount not less than half of .the reasonable value of the improvements on said' land, unless the
value of the land withoutimprovements shall be more than fifty..per cent greater .than the amount of said indebtedness, in
which case no tornado insurance shall be required; all of said insurance to be taken out with an .insurance company or aorrt-
panics approved by Third Party, its successors or assigns, with toss, if any, payable to Third Party, or other .holder of said in-
debtedness; and. to deliver the policy or policies of insurances a s soon as written, to Third Party, or other holder of said inde'bt-
edncss. Any funds collected by Third Party or other holder of said indebtedness under any .such insurance polices may be
credited thereon, or may at the option of Third Party,. be expended in replacing or repairing the improvements destroyed or
', damaged, .irrespectively of whether the said indebtedness is in default.
4. To pay all taxes, as~s~essments,~water rates and other governmental charges levied against said premises as the same
become payable and. to promptly deliver the official receipts therefor to Third Party.
5. To pay. any specific tax or assessment collected an said note from the holder thereof (other than present income tax)
and to pay said note tivithout deduction for any sax paid by Grantors.
6. Not to abandon said premises.
7. Not to convey said property without having. the purchaser assume payment of said note and delivering the deed or a
' copy thereof to Third .Party or to the holder. of said note..
8. That in the event the premises described above, or any part thereof, shall be condemned and taken for public use un-
der the power of eminent domain, Third Party shall have. the right, at its option, to .require that all damages awarded for the
Making of or damages to said premises be paid to Third Party, up to the amount then unpaid on the indebtedness secured hereby
and to apply the sum so received upon the principal of said indebtedness.
9. That if foreclosure .proceedings, or sale under any second or junior lien of any kind be instituted, Third Party may at
its option declare the indebtedness secured hereby immediately due and payable.
10. To pay upon demand any ciency in a. "taxes and insurance account" up as follows: The total monthly pay-
. merit above mentioned shall be applied first to the payment of the sum above specified on the tenth day of each month here-
{,iic a~iuv uu~ ~tcui~cu w aaiu a.-4~.r uii~ a„ua. i.vr uc ~o ui.~a..+.~u~ w y ny ~uaca auu uLa ui: plLl:t Elt~alllll1YT18 WileT! Llle Sa1210 Sllall ~.YeC01Yne
due and payable, Grantors agree to poy the deficiency in said account on demand. Third Party agrees that upon full payment
of all aanaunts due it, the excess i~ ~id contract, if any shall be returned to the •wrlers of said property. Any conveyance of
said property shall serve as a trap. of said taxes and insurance account witho lrther act on the part of the property own-
ers. The balance of the total monthly payment shall be applied first Ito interest due and then the principal.
Third Party may, without being required to do so, pay any such taxes or assessanents, or take out and maintain such in-
surance, and all amounts so paid shall be payable immediately without demand, bear interest fram the dates when same were
pnade until the payment thereof at the rate of ten per centum per annum, and shall be and shall stand secured by this deed of
trust; and it is further understood that this deed of trust i~s made for the. securing and enforcement of payment of any other
indebtedness whatsoever which the said Grantors, or any of them. may now or at any time or times hereafter, owe or became
indebted to Third Party, however or from whatsoever source said indebtedness may accrue or arise, including by purchase as
well as any reasonable expenses including attorney's fees .which the holder of said indebtedness mayvncur in defending the
title to said mortgaged premises, all of which sums Grantors agree to pay, and all such indebtedness shall bear interest at the
rate of ten per centum per annum from the date of accrual thereof until paid, and both •principal and interest thereon shall be
payable at the office of Tllird Party. It is expressly unders;too.d and agreed that any additional amounts advanced by Third
Party in accordance with this paragraph may be deducted from any funds in its hands belonging to Grantors, or at the option
of Third Party ,may be added to the principal of the note secured hereby, but such action shall not prevent Third Party from
declaring. said note immediately due and payable, at its Yrption, and proceeding to enforce its remedy under this trust, The
amount and nature of such advances shall be fully estabilished by the certificate of any trustee acting hereunder, and such
certificate shall be admissible as evidence of such payment.
In the event a part of the principal of the debt evidenced by said note is not secured by a lien upon said property, payments
on the principal thereof shall .be applied first to the part not secured by lien until the same is fully paid. In event the lien
aacurimg a part of said debt does not cover all of the above described property, payments upon the debt secured 'by lien shall
be applied first to the part thereof which is not secured by all"of the above described :property, and then to the part which
is secured by all of said. property.
NOW SII~OULD Grantors make prompt payment of said indebtedness and. all interest due thereon, and other sums ae-
cured by this deed of trust, as the same shall !become due and payable, and strictly comply with all the conditions .and re-
quirements provided, then this conveyence shall becoune null and void and of no further force or effect, and shall be released
at the cost and expenses of Grantors, as provided in the note:.
But in case default is made in the payment of any. installment of taxes and insurance herein provided for or in the pay-
. ment of any installment of principal and interest due on said note, and such default continue for a period of two months, or
should Grantors in any respect fail to keep and perform any one or more of the agreements herein provided to be kept and
performed by Grantors, or should it be discovered, after the: eXecutign and delivery of this instrument, that there is a defect in
the title of Grantors to said premises, or Ghat there is a lien or incumbrance of any nature whatsoever on the same ar a home..
stead claim set u,p to the same,. adverse to this trust, and Grant ors shall not, on demand of Third Forty or .other holder of said
indebtedness, correct such defects in such title and perfect the same, or remove such lien or incumbrance or homestead claim
then upon any such. default or failure, or upon the happening of any such contingencies, the whole amount of said indebt-
edness remaining unpaid shall, at the option of Third Party, or other holder. of said .indebtedness or .any part thereof, imme-
daltely mature and- become payable, and. it shall thereon, at anytime i~hereafter, the same, or any part thereof remmaining un-
paid, be the duty of the Trustee herein, and of his successor or substitute as hereinafter provided, on the .request of Third
.Party, or other holder of said indebtedness or any part whereof, ' (which :request is hereby presumed) to enforce this trust and
after advertising the time, place and terms of the sale... of all the above conveyed and described property for three consecutive
weeks next before the date of sale, by posting or causing to lre posted, written notices thereof at three: public planes, in each
county where said real estate is situated, one of which shall be at the Court House door of each county, to sell the same in ac-
cordance with such advertising at public auction. in front of the Court House of the .County in which said property or a part
thereof is located, on .the first -Tuesday in any month, between the hours of 10 o'clock a, m. and 4 o'clock p. m., to the highest
bidder for cash, selling all the .property above conveyed as an entirety or in parcels, as 'the Trustee acting may elect (all
rights to a marshalling of security being hereby expressly .waived), and make due conveyance to the purchaser or purchasers,
with general warranty, binding Grantors ,herein, and their heirs, executors and administrators; and out of the money arising
from such sale, the Trustee acting shall pay, first all the expenses of advertising, sale and conveyance, including a co~nmi~ssion
of ten per cent to himself; and then. to Third Party, or other holder thereof, the full amount of principal and. interest due and
unpaid on said indebtedness as hereinbefore set forth together with attorney's fees thereon as is provided in said note, render-
ing the balance of the purchase money, if .any,. to Grantors, their heirs and assigns; and said sale shall forever'. be a perpetual
bar agai¢lst Grantors, their heirs,. assigns ;and .all lgthgr. _persons clgiming ,under any of them.. It is expressly agreed that 'the
recitals in the conveyance to the purchaser shall lie full evidence of the tnut of the ?natters therein stated, and all prerequi-
sites to said sale be presumed to have been performed, .and said sale regularly and legally made. Third Party or other holder
under it shall have equal right to become the purchaser at such sale, being the highest bidder.
Notwithstanding anything to the contrary contained herein or in said note, Third Party shall have no power to collect
from Grantors interest on the amount loaned in excess of ten per cent ger annum, and paynnent of said maximum amount of
interest shall discharge all obligations of.. Grantors for payment of interest.
This deed of trust shall not be impaired by and shall not ion pair any.. other security .heretofore, now or hereafter taken to
secure payment of the debt Secured hereby. It is agreed that the liens securing said debt and any renewal or extension there-
of and any power of sale which may hereafter be given to secure the same shall be prior and superior in all things to the rights
of Grantors and all persons claiming under them. In event title to said property passes fram Grantors to same other person,
Third Party may renew and extend said. note with said other per son without notice to Grantors and without imlpairing Grantors
personal liability on said note.
Grantors hereby- assign to said Association any and all rents on the premises herein described and authorize said Asso-
ciation to •take posses•sian of .said premises- at any time there' is any default on the part of Grantors in the performance of any
obligations herein imposed and torent the same far the account of Grantors and to deduct frorcll such rents all crosts of col-
lection and administration and to apply the remainder of such rents on the debt hereby secured. In the event of a foreclosure
under the power granted hereby, Grantors and their tenants and/or assigns in possession of said property shall thereupon be•
come the tenants at will of the purchaser at such foreclosure sale and shall become liable for and obligated to pay such pur-
e chaser a reasonable weekly rental. therefor, and should such tenant refuse to surrender possession of sunh property upon de-
mand the purchaser shall thereupon be entitled to maintain the statutory action of forcible detainer and procure a writ of res-
titutian hereunder, and this right. shall be in addition to other remedies available to such purchaser. This deed of trust and a
trustee's deed executed under the powers created hereby shalt be, inn any action of forcible: detainer, prima facia evidence of the
existence of the relationship of landlord and tenant as between the purchaser and Grantors, their tenants and /or assigns.
The charter and by-laws of Bryan Building and Loan Association now existing, or as hereafter made, altered, or amended
are expressly made a part hereof, and this instrument is to be construed in connection therewith..
In case of absence. or death of the Trustee herein named, or his or her inabbility, refusal or failure to act, a successor
and substitute may be named, constituted and appointed by Third Party, ar other holder of said indebtedness, without other for-
mality than an appointment and designation in writing; and this conveyance shall vest in him, as Trustee, the estate and title
in all said pl elrises, and he shall thereupon hold, possess and execute all the title rights, powers and duties herein conferred
on said Trustee named and his conveyance to the. purchaser shall be equally valid and effective; and right to appoint a suc-
cessor or 'Substitute 'Trustee shall, exist as often as and when ever from any of said causes, any Trustee, original or substitute,
can not or will not act.
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Executed this-----1 0 t h----day. of-_-°---------
--------------NOVEMBER----A. D. i9__--~ 3----
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Leonard McDonald
Caroline McDonald
THE STATE OF TEXAS
Before me, t9~e undersigned authority, oa this day personally appeared
COUNTY OF BR.AZOS
LEONARD-MCDONALD
lrnown to me to be .the pen5on____whose name______1 S'___subscri-bed to the foregoing instrument, and______________________
acknowledged to me bhat____________he__________oxecuted the same for the purposes and consideration therein expressed.
~iyen under my hand and seal of office, this____1 O t h ___day of _________-_ N O V E M B E R 5 3
----------------------19------------•
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Ruby.. C. Mc~2ueen - - - - ---- ----------------
------°--__---- -_- ---_-_ -----------~_------___-- Notary Pu ic, Brazos County, Texas;
THE STATE OF TEXAS
Bofors me, the nndenaigned authority, on this day personally appeared
COUNTY OF BR.AZOiS
CAROLINE M C D O N A L D ________ wife of
---------------------- -------LEONARD--- M C D O N A L D -__-_-- ____-- --known. to x-ie to be the person
whose name is subscribed to the foregoing instrument, and havi ng .been examined by me ,privily -and apart ,from h~ said had-
CAROLINE MCDONALD
band, and having-the same fully explained to her, she, the said _____________________________________________________~-___
_____________________________________________________~____ acknowwledged said instrument -to be .her set and deed, and
declared she had willingly signed the same for the purposes and consideration therein expressed, and tl-at she did not wish to
retract it.
10 NOVEMBER 53
Giroen under my hand and seal of office, this______________day of __- ____ __ ____ ____~19________
--
Rub C. McQueen. = -
-' - - - -- tart' Public, B zo~s County, Texas,
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THE STATPi OF TEXAS
t, -------A.__B ~__S.Y_P_tak-------------
CD~UN'TY OFD ~itA~OS - ---- -- ---- ---- -- ---------
Brazos - - •
Clerk of the County Court of________________________________County, rl'e3cas, do here'bq certify that the foregoing instrument
10th November 19 3
of writing; dated the ______ ______day of ..____ __ _ ,_5 ___, with its certificates of authentication, was deposited
with rkie aid filed iii xriy office ail the ___ 12~_dhy df ___NOVE111bEI'__19__53.-, at_-__~ =_o'elook_~ ~__1VI:; and dtily recorded
on the _?-3--day of _-___NQTIGTII~e~ _____19_~~ at__h~'.______=_o'clock_~.~..____iVL, in the~:S~~'~.__Q~_~Y'Il~~tecords
of said County, in Volume_____5~____________ori page._-~~~
Witness my hand and .seal of the bounty C7ourt of said County at my o~fiee in________ BrY_an2________TeXas, the day
and year aliove written,
_A. B. Syptak
Cle k, Count urt ~--~--~--~5 251.~~~-,--~-~-~-----Chanty, Texa9
g _ j.~~~~'~ ! ~~C~~l~:~~ ----------~ Deputy