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HomeMy WebLinkAboutCafe Eccell Updated Historic Marker Application (10-28-2003)CI COLLEGE STATION I. Applicant Information Date of Submittal Name of Applicant Address Telephone E -mail Address II. Owner Information Name of Owner Address Telephone E -mail Address General Building Information Name of Building Address of Building Date of Construction Architect/Designer Builder /Contractor Architectural Period/Style IU_M 1 lT� t� a-TD• 229 , 2O3 GUS r6� 17A-u-46 / Ck 1=E. ECL- LL. 101 C1-+()RGE+ ST rc4 , -rx 11R�fD (q 1 43 •1G c GTY OF G©LLE --a grant Legal Property Description of Current Location (Lot and Block Numbers) SLouG 1 t t crr ► 404 17 L—or 2. Does the building remain on its original site? Yes No (specify original location) City of College Station Historic Building Plaque Application Submit the completed application to the following address. City of College Station, Development Services Department 1101 Texas Avenue, P.O. Box 9960, College Station, TX 77842 -9960 CAFE EWELL ill C tIQC` I-E I \IP . 01.1 C--1E 5 71n1�,TY -4O f N 7 T $ STUB �T 7 A'STULEIATS City of College Station 1 of 4 Historic Building Plaque Application Indicate the original and adapted uses of the building. Original Uses Adapted Uses ❑ Agriculture ❑ Agriculture ❑ Commerce IJ Commerce ❑ Education n Education N Government ❑ Government Healthcare ❑ Healthcare ❑ Industrial ❑ Industrial ❑ Recreation ❑ Recreation ❑ Religious ❑ Religious ❑ Residential ❑ Residential ❑ Social ❑ Social ❑ Transportation ❑ Transportation IV. Architectural Description A. Physical Characteristics Number of stories Orientation Floor Plan Open plan L -plan Modified L -plan Center passage plan 2 -room plan T -plan Shotgun plan Asymmetrical plan Other (specify) Roof Type Gable Hipped Flat with parapet Gambrel Mansard Shed Other (specify) Original SW a symE acaL RESTAdaY Current C1Nr: J714 R_E_LAT City of College Station 2 of 4 Historic Building Plaque Application B. Materials (Please check all that apply) Construction Frame Solid Brick Solid Stone Concrete Other (specify) Foundation Pier and Beam Stone Brick Concrete Concrete Masonry Units Other (specify) Exterior Wall Surface Siding (specify type) Stucco Stone Brick Wood Shingle Other (specify) Windows Wood Sash Aluminum Sash Single -hung Double -hung Casement Fixed Awning Hopper Sliding Other (specify) Roof Materials Shingles (specify type) Tile (specify type) Slate Metal (specify type) Other Primary Exterior Color Secondary (Trim) Color Original n n n n Current ❑ KALT t PLE C omme ❑ Fl ❑ ❑ ❑ ❑ ❑ - ,1iM?2wr TARE `e E1J MAWioN`f City of College Station 3 of 4 Historic Building Plaque Application V. Supporting Documentation Please attach the following information. A. Alterations List any known changes or modifications made to the property throughout its history. B. Prominent Historical Figures List any prominent historical figures associated with the property. C. Property Ownership List all known owners of the property. Include original owner and subsequent owners. D. Tenant History List all known tenants of the property throughout its history. E. Narrative History Attach a narrative explanation of the chronological and historical development of the property. F. Drawings • Provide a sketch of the current site plan. Include the proposed location of the historic plaque. • Provide a sketch map indicating the nominated property and any related sites. G. Photographs Historic • Provide at least one historic photograph of the property. Current • Provide at least one current photograph of the property illustrating in its surrounding context. For example, photograph the streetscape in which the building is included. • Provide at least one photograph of each side of the building. H. Additional Information Provide any additional information that supports the application. This may include architectural drawings, letters, oral histories, newspaper /magazine articles, etc. I. References Attach a list of the books, articles, and other sources used in preparing this form. The College Station Historic Preservation Committee requests that all plaques are mounted on the front facade of the approved building within thirty (30) days of receipt. Applicant Signature Owner Signature Permission of owner for plaque placement City of College Station 4 of 4 Historic Building Plaque Application A. Alterations • Small offices taken out and all non -load bearing walls removed. (1988- 89) • City Finance safe door removed and vault area turned into a wait station. (1 988 -89) • Patios added to Church Avenue and Wellborn Road sides. (1 988 -89) • Pizza oven and kitchen equipment installed. (1 988 -89) • Patios enclosed and NC and gas heaters installed to porch areas. (1 997) • New pizza oven installed. (after May 200 I ) • Sheet rock patch in ceiling above pizza oven. (after May 2001 ) • Sheet rock patch over doorway to repair leak- damaged sheet rock. (after 1999) B. Prominent tlistorical Figures • Ernest Langford, Mayor of College Station (1 945) C. Property Ownership • See attached Abstract of Title D. Tenant history • 1 947 -1 983 - City of College Station (City hall) • 1984-1988 — Vacant • 1 988 - 1 999 — Donny and Cheryl Anz • 1999-present — Costa Dallis E. Narrative history Lots I and 2 were originally part of the Joseph E. Scott League and were eventually acquired by the Boyett Family as part of their estate. Lot I was given to the City of College Station on July 12, 1 943 by Guy F. Boyett, and Lot 2 was given to Ernest T. Langford (and his successors) on January 1 2, 1945, by N. K. Boyett. In 1 947 Langford had students from Texas A$M College design and build City hall. The building served as city offices until 1 983 when it was vacated. It remained empty and fell into derelict. Many citizens requested to have it demolished, but in 1988, Donny and Cheryl Anz petitioned City Council to lease the property. During 1 988 -89, renovations were made to convert the old office budding into a restaurant. In 1 999, Cafe Eccell opened, and in 1 999, it changed ownership to Costa Dallis. F. Drawings • See attachments G. Photographs • See attachments H. Additional Information • Internal fire on May 1 3, 2001, Mother's Day. The fire was started around and inside of the pizza oven. Date 1853 Field Notes Joseph E. Scott Sept. 17 I8G7 Nov. 29 1871 Jan. 21 Abstract of Title Grantor Grantee Payment Property Jas. R. Canson W.R. Johnson J.D. Thomas `Book E, page G8G (County Clerk Office) *Book h, page 558 (County Clerk Office) 1456 acres $975 Part of J.E. Scott League 1868 11.R. Johnson Hugh R. henry $1150 450 acres of Oct. 7 (estate holder of W.R. Johnson) J.E. Scott Lg. *Book I, page 274 (County Clerk Office) 1870 11.R. henry Frances Boyett $1200 200 acres of Oct. 12 J.E. Scott Lg. `Book L, page 320 (County Clerk Office) L.D. Boyett $100 ( ?) `Book L, page 32 (County Clerk Office) 130 acres of J.E. Scott Lg. 187 1 11. Mitchell L.D. Boyett $125 ( ?) 2G0 acres of Apr. 10 J.E. Scott Lg. *Book L, page 32 (County Clerk Office) 1939 W.C. Boyett C.E. Boyett Lot 1 Jul. 21 et al. Block I I "Volume 100, page 450 -453 (County Clerk Office) 1 942 C.E. Boyett Guy F. Boyett Lot I May 30 Block I I *Volume 110, page 1 7G (County Clerk Office) 1 943 G.F. Boyett City of College Station Lot I Jul. 12 Block 11 'Volume 1 13, page 414 (County Clerk Office) 1 945 N.K. Boyett Ernest Langford Lot 2 Jan. 24 ($ successors in office) Block I I *Volume 1 18, page 1 87 (County Clerk Office) t � .4t g4s er7 { ' Aecitarua 4-/ /scat ' O Iti,e44 4 4 1 ... �� � ......, . �! „ rte � ��� • • ��s� : ee.../G _#14 44 r 3r 444 wi, tre....!.,'- -,, r744.4 ■ �� 4.. ,?- .� ass%..w ,r te., ' r , � , A l , ..e.,. /Lti. or 444 47' e--.0-; ....oar.' , . 0 4 'f , r ..s d TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Glenn F. F.offman, his heirs and assigns forever; and I do hereby bind myself, my heirs, executors and 'administrators, to Warrant and Forever Defend all and singular the said premises unto the said Glenn H. Hoffman, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness my hand at Aryan, Texas, this 12th day of July A.D. 1939. TTIF STATE OF TEXAS( .4. COUNTY OF BRAZOS ( ??!FORE ME, 1 ".agnie Thompson Notary Public in and for Brazos County, Texas, on this day personally appeared Joseph A. Basso known to me to be the rerson whose name is subscribed to the foreRoinR instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 12th day of July A.D. 1939. Maggie 1 'hoiapson, Notary Public in and for (SEAL) Brazos County, Texas. The fore'oing 1s a true copy of the original instrument which was filed for record on the2lst day of July A.D. 1939 at 11:35 o'c1.e- 'a.m. and duly recorded on the 21st day of July A.D. 1939 at 2:30 o'clock p.m. tp which I certify IF STATE OF TEXAS COUNTY OF BRAZOS Mrs. °ertha B. Mrs. Gladys B. Joseph A. Basso Frank 'a'rorsham, C r.R. vo.Q,u.a(' imp /lcryl neputy ( KNOW ALL MEN BY THESE PRESENTS: That we, W. A. Boyett, N. K. Boyett, Oran H. Boyett, Guy F. Boyett, Alton P. Boyett, Cox and husband, Wade Cox, Mrs. Ima B. Higgins and husband,; W. R. Higgins, Mathews and husband Frank Mathews, (the grantors herein and the grantee are all of the heirs of W. C. noyett and Mrs. Lillie M. Boyett, deceased); of the County of Brazos State.of Texas, for and in consideration of the sum of One find No /100 (11.00 ) DOLLARS to us in hand paid by C. E. n oyett, as follows: Cash, the receipt of which is hereby acknowledged; And for the purpose of partitioning certain lands described in deeds to the various heirs of the W. C. Boyett Estate by exchange of deeds among all of said heirs. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said C. E. Boyett of the County of Brazos Texas all that certain St+.te of All those certain tracts or parcels of land lying and being situated in the J..E. Scott League, Brazos County, Texas, and described as follows: Lots Nos. 1, 9 and 17 of Block_ 11; Lots Nos. 3, 10, and 19 of Bloc 12, Lots 5 and 11 of Block 13; Lots 12 and 15 of Block¢; Lot 2 of Block 18; Lot 3 of Block Lots 1, 9 and 17 of B1ock 5; Lots Nos. 13 and 21 of Blocks,__¢.-eAd_7 Lots 5 and 14 of Block No. 4: Lot No. 5 of Block 20; Lot No. 4 of Block 21; Lots Nos. 3 and 9 of Block 23; Lots Nos. 7 and 9, of 'look 18; Lots Nos. 3 and 10, of Block 19; and Lot No. 28 of mock No. 1; AS SHOWN BY W. C. BOYETT ESTATE PARTITION MAP RECORDED Ir VOLUME 100 page 440 of the Deed Records of Brazos County, Texas. Lot No. 28, of Block No. 1, is part of Lot No. 18, a plat of which subdivision is of record in Volume Records. All buildings erected on said Lot No. 28, of Block W. C. Boyett Subdivision and no building structure Block 1, of W. C. Beyett's Subdivision 38 page 614 of the Brazos County Deed 1, shall face University Street of of any kind shall be erected on said �l .4 3 THE STATE OF TEXAS COUNTY OF BRAZOS 'I1.iI.iYli1YYYYil1 Y�11IIilYd�lYYwYY 1 ■IY11 Y, (y 111111111111 II I I Lot 28, Block 1, within nineteen feet of University Street lite and all buildings on said lot shall be Hof brick, stone, hollow tile or hollow tile and stucco construction. ALSO we hereby convey to C. E. Boyett all that certain tract or parcel of land lying and being situated in the J. E. Soott League, Brazos County, Texas, and is a part of Lot 9, of Block 1 of W. C. Boyett Subdivision, a plat of which is of record in Volume 38, page 614, of the Deed Records of Brazos County, and BEGINNING at a point; N. 45 E...21.16 feet from the said Subdivision, same being the east corner of a THENCE with the N. E. boundary line of said Alton 174.89 feet to stake for corner on the East side of University Street, corner of the Alton P. Boyett portion of said lot; THENCE in a N. E. direction with University Street a distance of 10.52 feet to stake for corner; THENCE in a S. E. direction and parallel to t!e first line herein a distance of 174.89 feet to stake for corner on Sulphur Springs road; THENCE S. 45 W. with the N. W. boundary line of said Sulphur Springs road 10.52 feet to the place of beginning, and is a portion of said .Lot 9, Block 1, W. C. Boyett Subdivision, fronting 10.52 feet on Sulphur Springs road and running back into said subdivision a distance of 174.89 feet. S S r f 35.8 feet on h south corner of Lot 9 lot this day,conveyed P. Boyett'lot in a M. ALSO, we hereby convey to C. E. Boyett all that certain tract o being situated in the Y. F. Scott League, Brazos County, Texas, of landstxiaxd conveyed to W. C. Boyett by T. C. Nunn, Sheriff, 26, 1892, and recorded in Vol. 11, page 143, Brazos County Deed follows: BEGINNING at the sout this day conveyed by direction with the N Street; THENCE in a corner; ' THENCE in a 210.03 feet to stake THENCE N. 45 E. 35.8 fronting in Block 1, of to Alton P. Boyett; W. direction same being the north r parcel of land lying and and being a part of a tract by deed dated September Redords, and described as corner of a tract of land 35.8 feet by 210.03 feet in said survey the heirs of W. C. Boyett to N. K. Boyett; THENCE in a N. W. K. Boyett S. W. Boundary line 210.03 feet to . east side of University . W. direction with the University Street 35.8 feet to stake for . E. direction and parallel to the S. W. line of said N. K. Boyett or corner on West side of Sulphur Springs road; set with said lot to the place of beginning, and is a Sulphur Sprin d and tract of land g s road running in a N. W. direction TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto ih anywise belonging unto the said C. E. Boyett, his heirs and assigns forever and we do hereby bind ourselves, our heirs, executors and e'bministra- tors, to Warrant and Forever Defend, all and singular the said premises unto the said C. E. Boyett, his heirs and assigns, against every person whomsoever lawfully or to claim the same, or any part thereof. WITNESS our hands at Bryan, Texas, this 31st day of August, 1938. Mrs. Gladys B. Mathews W. A. Boyett Frank Mathews Oran H. Boyett Guy F. Boyett N. K. Boyett W. E. Higgins Mrs. Bertha B. Cox Wade Cox Mrs. Ima B. Higgins Alton P. Boyett 210.03 feet. cla i 'ing, BEFORE ME, the undersigned, a Notary Public in and for said day personally appeared W. A. Boyett, N. K. Boyett, Oran H. Alton P. Boyett and Wade Cox, known to me to be the persons /a ' 100 County and State, on this Boyett, Guy F. ?oyett, Al w�s ope flames are subscribed to the foregoing instrument, and acknowledged to me that they lot • 1 :,rr -- is ■I 1 1. .._ __ 453 1 V0 GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1st day of Sept. A. D. 1938. W. S. Barron, Notary Public in and for (SEAL) THE STATE OF TEXAS 1 COUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Mrs. Bertha B. Cox, wife of Wade Cox, 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 Mrs. Bertha B. Cox 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. GIVER* UNDER MY HAND AND SEAL OF OFFICE this the 1st day of September, A. D. 1938. (SEAL) W. S. Barron, Notary Public in and for Brazos County, Texas. THE STATE OF TEXAS 1 COUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a rotary Public in and for said County and State, on this day personally appeared W. E. Higgins and Mrs. Ima B. Higgins, 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 expressed, and the said Mrs. Ima B. Higgins, wife of the said W. E. Higgins having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Mrs. Ima B. Higgins 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 abet she did not wish to retract it. _ GIVEN UNDER MY HAND AND SFAI OF CFFICE this the 1st day of September, A. D. 1938. W. S. Barron, Notary Public in and for (SEAL) Brazos County, Texas. THE STATE OF KENTUCYY 1 COUNTY OF HARDIN 1 BEFORE ME, a rotary Public in and for Hardin County, Kentucky, on this day personally appeared Frank Mathews, and Mrs. Gladys B. Mathews, 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 expressed, and the said Mrs. Gladys B. Mathews, wife of the said Frank Mathews,, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Mrs. Gladys B. Mathews acknowledged such instrument to be her act and deed, and she deelared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN TINDER MY HAND AND SEAL OF OFFICE This 15 day of September, A. D. 1938. Notary Public, Clarence W. Bryant, Notary Public in and for Hardin Co., Ky Hardin Co., Ey. (SEAL) My commission expires Jan. 30, 1940. The above and foregoing is a true and correct copy of the original instrument which was filed for record on the 21st day of July, A. D. 1939, at 4:10 o'clock p.m. and duly recorded on this the 22nd day of July, A. D. 1939, at 1:40 o'clock p.m. to which I certify. THE STATE OF TEXAS COUNTY OF BRAZOS 1 1 ?NOW ALL MEN BY TPESE PRESENTS, That T. J. Bettes Company, a corporal Brazos County, Texas. Frank Worsham,. . C. C. 9.4 C. A r, Deputy • STATE OF TEXAS( DEED 110 THE STATE OF TEXAS COUNTY OF BRAZOS ( KNOW ALL MEN BY THESE PRESENTS: That I, C. E. Boyett, joined.by my wife, Jessie Boyett of the County of Brazos, State of Texas for and in consideration of the sum of Ten & No /100 Dollars, and other consideration to'usoitviland.paid by and moving from Guy F. Boyett Cash in hand paid, the receipt of which is hereby acknowledged, have Granted, sold and oonveyed, and by these presents do Grant, sell and convey unto the said Guy F. Boyett of the County of Brazos, State of Texas all that oertain Lot 1, Block 11, W.C.Boyett Estate Partition a map which is duly recorded in Book 100, page 440, of the Deed Record Books of Brazos County,Texas, to which reforenoe is here made for des- cription, Said Lot situated on the corner of College Road and Church Avenue,. City of College Station,Brazos County, Texas. TO HAVE AND TO HOLD the above desoribed premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Guy F. Boyett, his heirs and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said Guy F. Boyett, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our hand at Brownwood, Texas this 21st day of May A.D. 1942. C.E.Boyett Jessie Boyett THE STATE OF TEXAS' COUNTY OF BROWN ( B TORE ME, Dean Rippetoe a Notary Public in and for Brown County, Texas, on this day personally appeared C.E.Boyett and Jessie Boyett his wife, both known to me to be the persons whose names are subscribed to the foreoing instrument, and acknowledged to me that they each executed the same for the purposes and oonsideration therein expressed, and the said Jessie Boyett wife_of the said C. E. Boyett having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Jessie Boyett acknowledged such instrument to be her aet 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. Given under my hand and seal of offioe, this 25 day of +say A.D. 1942. Dean Rippetoe ( Dean Rippetoe), Notary Public in and for Brown (SEAL) County,Texas. The foregoing is a true oopy of the original instrument which was filed for reoord on the 30th day of May A.D. 1942 at 11:25 o'olock a.m. and duly recorded on the 30th day of May A.D. 1942 at 3:40 o'clock p.m. to which I certify A, B. Syptak .C.C.B. / 14 di ii6L.. -iii Deputy J21I'Y OF BRAZOS ( KNOW ALL MEN BY THESE PRESENTS: That I, Carrie E. King , r il /ems :viving wife of Walter King deceased, the said Walter King having died without leaving any. lld or children or their descendants, of the County of Brazos State of Texas, for and in isideration of the sum of One Hundred and ten and No /100 (0110.00) Dollars, to me paid and :tired to be paid by Jesse Lawson and wife Emma Lawson, as follows: Twenty and No /100 '.0.0C) Dollars to me oash in hand paid the receipt of which is hereby acknowledged and the n of ninety and No /100 (0i90.00) Dollars secured to be paid as evidenced by one certain in.. THE STATE OF 'ERAS' COUNTY OF BRA OS ' KNOW ALL MEN BY THESE PRESENTS: That I Guy F. Boyett, 4i . y y tt, joined by my 11 wife, Mary W. oyett of the County of Brazos, State of 'Texas, for and in consideration of t sum of Ten & o /1n0 Dollars, and other consideration to us in hand paid by City Council of City of Colle a Statlon,Texas Cash in hand paid, the receipt of which is hereby aoknowledg Have Granted, sold and oonveyed, and by these presents do Grant, Sell and Convey unto the said City of College Station,Texas of the County of Brazos State of Texas, all that oertain Lot 1, Blook 1L, W. C. Boyett Estate Partition A, Map whioh is duly recorded in Book 100, page 440, of tie Dead Record Books of Brazos County,Texas, to which reference is here made. Said Lot situated on the oorner of College Road and Church Avenue, City of College Station, Brazos County,Texas. TO HAVE AID TO HOLD the above desoribed premises, together with all end singular, the rights and appurtenances thereto in anywise belonging unto the said City of College Station Texas, it's auccessora and assigns forever; and we do hereby bind ourselves, our heirs, exeoutora and udministratora, to Warrant and Forever Defend all and singular the said pre.* raises unto the said City of College Station, Texas, it's successors and assigns, against every person wY.omsoever lawfully claiming, or to olaim the same, or any part thereof. WITNESS our hand at Bryan, Texas, this 21st day of May A.D. 1942. Mary W. Boyett Guy F. Boyett THE STATE OF TEAS' COUNTY OF BRAzo3 ' BEFORE ME, B. H. Dewey, Jr., County,Texas, oa this day personally appeared Guy F. both known to no 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 express d, and the aaid Mary W. Boyett wife of thesaid Guy F. Boyett having been examined by me rivily and apart from her husband, and having the same fully explained to her, she, th said Mary W. Boyett acknowledged such instrument to be her aot and deed and she deolare. that she had willingly signed the same for the purposes end consideration t' :erein express.d, and that she did not wish to retract it. GIVEN under my hand and seal of office, this 21st day of May A.D. 1942. B. H. Dewey, Jr., (B.H.Dewey, Jr.) THE STATE OF TEXAS' COUNTY OF BRAZPS 1 F. McDonald, hus and ation of the sum of hand paid, and other Emmel to us. have Granted, Sold and DEED 113 KNOW ALL MEN BY THESE PRESENTS: Conveyed, and by these a Notary Public in and for Brazos Hoyett and Mary W. Boyett his wife, (SEAL) Notary Public in & for Brazos County,Texaa, The foregoing is a true oopy of the original instrument whioh was filed for reoord on the 12th day of July A. D. 1943 at 3:30 o'clock p.m. and duly recorded on the 13th day of July A.D. 1943 at 8 :30 o'clock a.m. to whioh I certify A. B. Sypta �.C.C.B T. McDonald and Nonle and wife of the County of Brazos State of Texas, for and In oonsider. Ten & No /100 Dollars, to no in hand paid by E. R, Emmel,Caah in good and sufficient That we, W. on,/ Deputy • and being 'Lot consideration paid by and moving from said E. R. presents do Grant, Selland convey unto the -! said E. R. Emmel of the County of Brazos State of Texas, all that oertain lot or parcel of land lying and being situated in the City of Bryan Brazos County,Texas, 'Whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and Beal of office this the 24th day of January A.D. 1945. Viotoria Dominik (Victoria Dominik) Notary Pubiio in and for Brazos County,Texas (SEAL) THE STATE OF TEXASI COUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a Notary t'ublio in and for said County and State, on this day personally appeared Kate L. Whitfield roster, wife of David W.r•oeter known to me to be the person whose name is subscribed to the foregoing instrument, and ha&tng been examined by me privily and apart from her husband, and having the seam fully explained to her, she, the said Kate L. Whitfield r'oeter acknowledged suoh instrument to be her sot end deed, and she declared that she had willingly signed the same for the purposes and ooneideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of offioe this the 30th day of December, A.D. 1944. victoria Dominik) Victoria Dominik) (SEAL') Notary Publio in and for Brazos Uounty,Texes. The foregoing is a true Dopy of the original instrument whioh was filed for record on the 24th day of Zany A.D. 1945 at 10:30 o'olook e.m. and duly recorded on the 24th day of Jany A.D. 1945 et 11:20 o'olook a.m. to which I certify AB. Sypta, C.C.C.B.C. TAE STATE OF TEXAs1 COUNTY OF BRAZOS 1 KNOW ALL MEN BY THESE PRESENTS: nrd That N. K. Boyett of the County of Falls,: State of Texas, for and in consideration of the sum of One ($1.00) and 00 /100 Dollars, to me paid, In Cash, the receipt of which is hereby aoknowledged, and also other good and valuable consideration moving to me have Granted, sold and conveyed, and by these presents do Grant, sell and convey, unto the said Ernest Langford, Mayor of the City of Dollege Station, Texas, and his successors in office of the County of Brans State of Texas, all that certain Tract or peroel of land lying and being situated in the j. E. Scott League in Brazoe County, Texas and known as Lot No. Two (2), Block Eleven (11) of the W. C. Boyett Estate Partition, according to the map of said Addition recorded in the Deed Reoorde of Brazos County,Texas, Vol. 100 page 440 bo whioh reference is hereby made for further description. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Ernest Langford, mayor of the City of College Station Texas, and his Suooessora in Office heirs and assigns forever, and I do hereby bind myself heirs, executors and administrators, to Warrant and Forever Defend, ell and singular the said'premisee unto the said Ernest Langford, Mayor of the City of College Station,Texae, and his successors in offioe heirs and assigns, against every person whomsoever lawfully olaiming or to claim the same or any pert thereof. Witness my hand et Bryan, Texas, this 24 day of February, A.D. 1944. 55e Revenue Stamp affixed N. K. Boyett and duly oanoelled. THE STATE OF TEXAS I COUNTY BF FALLS 1 BEFORE ME, the undersigned authority in and for Falls County, Texas, on this day personally appeared N.K.Boyett known to me to be the person whose nerve is subscribed to the foregoing instrument, and aoknowledged to me that he executed City of College Station, Texas 101 CHURCH AVE. - CAFE ECCELL UHUWEEWYW , \, ST $ Historic Preservation Committee PA IQ OP\ F tA sTa�. STAR.. STRVGTU FE FA-T1 D Ari o _ (H1 (W(M( Ht 1 L( )u7 -co�- GrrY WALL G. 1I5 cesm, Fzes44,, (am, ,0,3) SIM oe- cM -& CDe -roi3 2cci) - Erg pp_ E t-1- (c co 2m3) Fien4T t - (r ) �- Q E t4 r Eic-IFAa'og. 1' Pop- S c1vr E Z U'CDorvb 2a!),) - 4 o� Goa-A-- 2 °J) -c (0la. 2.00 (orE)eelz) o‘ir_cz1417mcilb-1,ci 'f ;gVIv&rktitt7.(t_ ut=Pm-r tomkil allig No —•71.11Wlit 14111111.1111 -"- 111 larlittizto ws� r• 9 1 R^�o! r •r.++a �rr rd> 1 4e MilLY 3 '11'Q�A 1741j Tint? 1` 1401415 141-41, NiM i' , Ni 1V\11 31-21Q 1417inct4 County: Brazos City/Rural: College Station Name: Cafe'Eccell. Old City Hall Address: 101 Church Owner: City of College Station Legal Desc.: Cafe Excell Property Type: ommercial Integrity of: X location © design History of Property College Station's first City Hall Areas of Significance (include justification): Bibliography (include oral histories): Surveyor: C. Hatch & K. Bauch Date surveyed: 2 -18 -95 Photo Data: Roll/Frame 1:18 -19. 2:28. 4:17 through Roll/Frame Designations: NR RTHL HABS I DESCRIPTION OF BUILDING: I Location: _X_original location _moved (specify date) _S_building faces (N /S/F/W) Stories: 1_specify # (1,1 1 /2,2,etc) C onstruction: frame _X_solid brick (color - red) _solid stone (specify color) specify other Plan: _open plan Exterior Walls: _stone (specify type) stucco synthetic siding X red brick buff brick polychromatic brick _wood siding _terra cotta ornamentation party wall construction specify other Ground floor: _ specify # of bays _X_symmetrically arranged _ asymmetrically arranged TEXAS HISTORICAL COMMISSION TEXAS HISTORIC SITES INVENTORY FORM * COMMERCIAL PROPERTY FORM * Site #:8 USGS Quad # Date: Factual 1947 Est. Architect/Builder: Ernest Langford; Students Contractor: Historic Use: City Hall Present Use: Restaurant Subtype: Stylistic Influence: Modern ❑ setting 1 materials U workmanship cast iron pilasters fixed sash display windows aluminum sash _X_single -door entry _double -door entry _recessed central entry (specify # of doors) _stairway door (specify placement) _X_transom (specify visible or covered) canopy: wood metal rod supported _chain supported wall braced specify other Rear Elevation: on alley loading dock _loading door X windows specify other Lower floor: specify # of bays _symmetrically arranged asymmetrically arranged windows: specify # flat-arched _segmetally arched round - arched Local Slides 3 Additions: association ❑ feeling Priority High hood moldings lintels voussoirs wood sash aluminum sash _X_metal casement windows (specify Tight configuration) specify other Parapet: _(specify # of parts) corbelled brickwork decorative brickwork metal letters brick letters pressed -metal cornice _ painted detailing date and name (specify) Roof: _hipped roof gable roof _X_flat roof (specify materials) __chimneys of flues specify other Other red painted concrete blocks added on:wood added on A-96 No WARRANTY DEED With Single, Joint and Wife's Separate Acknowledgments FROM Guy J oyett TO Clt aollege Station,Tex, / of Page Book ./ County Record Recording Fee $ \( This Instrument should be filed immediately with the County Clerk for Record. MARTIN Stationery Co., Dallas. THE STATE OF TEXAS, COUNTY OF 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 that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This._ day of , A. D. 19 (L. S.) THE STATE OF TEXAS, COUNTY OF (L. S.) THE STATE OF TEXAS, COUNTY OF Brazos (L. S.) THE STATE OF TEXAS, COUNTY OF (L. S.) I BEFORE ME,. BEFORE ME _ ,in and for County, Texas, on this day personally appeared ., 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ...... day of , A. D. 19 BEFORE ME,. t -1 'y-...Pub .lc. , in and for Brazos. County, Texas, or day personally appeared Guy ' . 14Qy-. t. and. Mary $oyott , 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 Ls the purposes and consideration therein expressed, and the said.. Mary . . . Bayett. wife of the said {z713T - -. �...g @.t t having bee! examined by me privily and apart from her .M a ry ti./, tmy.e t.t 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Et. H.Dewey, -r Clerk Ceunty Court. / By ` a A. B. 5YPdA( the day and year last above writt , in and for , A. D. 1942;... County Clerk of the Co my Court of said County, do hereby certify that the foregoing instrument of writing dated on the -- / Z day of , A. D. 19.__ , th its Certificate of Authe ation, was filed for record in rir office on the / . .day of.. -. ... !� , A. D. 3 9- .3 ... 3 o'clock M., and my recor this. day of �/ D. 19.. `, at _ o'clock �l M., in the ecords o •d County, in Vol- ume Ii 3 , on pa; es / 7 WITNESS my hand and seal of the County Court of said County, at office in County, Texas. , Deputy. A- 96— WARRANTY DEED —With Single, Joint and Wife's Separate A. ' . s Martin Stationery Co., Dallas THE STATE OF TEXAS, Know All Men By These Presents: COUNTY OF BRAZOS the sum of That I, Guy F. Boyett, joined by my wife, Mary 14, of the County of Brazos of the County of ''razos , State of Texas , State of Texas for and in consideration of -Ten & No/100*** DOLLARS, and other consideration to us m hand paid by City Counoil of City of College Station, Texas, Cash in hand paid, the receipt of which is hereby acknowledged. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of L 'ollege Station, Texas L Lot 1, Block 11, W. C. Boyett Estate Partition/Map which is duly recorded in Book 100, page 440 of the reed Record "ooks ofPrazos to which reference is here made. County, Texas' Said Lot situated on the corner of College Road and Ohurch Avenue, City of College Station, Drazos County,Texas. all that certain TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of College Station, Texas, it's successors and DM MX assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said successsevsand liEigaNi against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness ouihand at Bryan, Texas of May , A. D. 19 42 . Witnesses at Request of Grantor: City of College Station, Texas, it's this 21st day /i/ A l lTarratttu Pee SINGLE AND WIFE'S SEPARATE AiICKNOWLEDGMENTS at__ c'ett TO I in of Deeds Page By FILED F 1 �, , • This day o -+ -�_A. D. 19 -__- Cou14t�;i c + �' ii s� t_Co., Texas By'`. 0.* Deputy A. D. 19 -___ County Record Book County Clerk. , Deputy Recording Fee $ S � This Instrument should be filed immediately with the County Clerk for Record. 111r, 61111E ur 1 AAA, l F s COUNTY OF known to me to be the person____' whose name__ subscribed to the foregoing instrument, and acknowledged to me that executed the sane for the purposes and consideration therein expressed. day of_ , A. D. 1914_. �' :vYi�7 �,• :i:: ic 1,L try, GIVEN UNDER MY HAND AND SEAL OF OFFICE, (L. S.) THE STATE OF TEXAS, COUNTY 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A. D. 19____ THE STATE OF TEXAS, COUNTY OF in and for County, Texas, on this day personally appeared , 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 considerations therein expressed, and the said wife of the said having been examined by me privily and apart from her husband, and having the sane 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A. D. 19____ THE STATE OF TEXAS, COUNTY OF Clerk of the County Court of said County, do h eby certify that the foregoing instrument of writing dated on the_ day of 1- ____, A. D. 19_ _with its Certificate of Authentication, was filed for record in my office of � on the_ _da - this A y , A. D. 19_ at_i_�__o and duly recorded day of , A. D. 19_!__at o'clock M. in the_ Records of said County, in Volume_ ___J_J_t , on pages_ __._ 7 Witness my hand and seal of the County Court of said County, at office in Clerk, County Court BEFORE ME,�-� BEFORE ME, BEFORE ME, By , in and for County, Texas, on this day personally appeared , wife of , in and for County, Texas, on this day personally appeared and A. 2. S P1AK I ' , County -G; the day and year last above written. County, Texas , Deputy. 4 t WARRANTY DEED —With Single and Wife's Separate Acknowledgments. THE STATE OF TEXAS, County of Br s zo s THAT , bovvett of the County of FLU. s State of Texas consideration of the sum of One ( ) and 0n, 100 to me paid, ?' , tie rec ^i2t of c. - _ie1 is her acknow).ed?ed, and also other . uc,d vc.] e consideration movie,_» to me have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto the said Ernest Lan- f. rd, Layor of tLe City cf Celle .e Station Texas, and his succesk in office of the County of hr e zo s • State of Know All Men By These Presents: Wallace —Bryan , for and in DOLLARS, Texas , all that certain Tract or ± urcei of Mild 2yin ; ? and •-ei s to ted in the t7. . .Cott Ler_ue in '_;ru4o C( Linty, known as Lot Nu. Two (2), Llock eleve:. (11) cf EsttaLe .rt�.tion according to tre mar of said Addition recorded ii:. ii,u i)eed tecords of razrjs County, Text;:, Vol. 10C line 440 to i;.h ch refe :.e.ce As rtn euy lieJe for furtLur de5cr �:tion TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said of Ernest Langford, ME7or of t he 1_e[re t t =� n �i� L.nc s Successors in Office heirs and assigns forever, and 3 do hereby bind my F r heirs, executors and administrators, to WARRANT AND FOREVER DEFEND, all and singular the said premises unto the said Ernest; LaL7ford, Ift.,yor C' ' f,! r' Cif Oche Texas, c.nd his successors in. office heirs and assigns, against every person whomsoever Lawfully claiming or to claim the same or any part thereof. Witness my hand at ryan , Texas this ,_ y day of i ruc r tr J Witnesses at Request of Grantor: A. D. 1944 In By Gladys Boyet t Matlp In Book $ TO City of Colleg FILED FOR RECORD This day of A. D. 19 at o'clock M. ounty Clerk. By \ • - ci Akt. gi '. Deputy. ---- --- .- q c .:D • • • I; T 4 Recording Fee $ 150 The Odee Company, Publishers, Dallas Station 19 At. xir Records on Page County Clerk. Deputy. This instrument should be filed immediately with the County Clerk for Record. 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 whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the (L. S.) } SINGLE ACKNOWLEDGMENT Notary Public in and for County, Texas WIFE'S SEPARATE A.CKNOWLEDGMENT 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 , 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 (L. S.) Notary Public in and for County, Texas JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF Be xar J BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Frank H. Mathews and Gladys Boyett Mathews , 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 expressed, and the said Gladys Boyett Mathews , wife of the said Frank H. Mathews, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Gladys Boyett Mathews 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 'y -day of ,1 October // . A. D. 19 45 (L. s.) J. F. O'BRIEN Notary Public, In and for BexarOwity,AM in and for THE STATE OF TEXAS, COUNTY OF and was duly recorded by me on the ) 0 dayf - ? '��(- said County. (L. S.) } County Clerk Bexar I HEREBY CERTIFY at the foregoing instrument of writing with its certific e of authentication, was led for A ,p° loc l / M. record in my office on the day of <%' V�/(J , A. D. at �� in Vol. / 2 1 , page I g , of th WITNESS MY HAND and the Seal of the County Court of said County, at my office in the day and year last above written. day of A. D. 19 A. D. 19 I 4 By 4_04 Deputy. County, Texas. County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantee, i t s successor s -:ft and assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said grantee, its successors YOB and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But 4a-maritsslytagneeclt and ati laced : ,hairy: the;: kze teeti ;Licat ds:- are;tai ag-aailsk ez.:athowe des ilie : tit titX3: rli talrerribtAtis; wit -th*#Pio xlilittibilet-it8t * 9 , SEH:Sttt-elt% kuY'ton a - 141y Pict ite "ei t r g : ;A: % „ :: : ; c met - lkib t,' a rettdliiit, :WIten-tTqi tiec *NMI 4Sktirl e WITNESS OUR hands at San Antonio, Texas, October 19 45 this day of Witness at reqw-st of Grantor: COMPLEMENTARY ABSTRACT OF TITLE (Complementing Abst. No. 190 complied by The & cbwain Abstract Co.) to Being Lot Three (3) in Block Eleven (11) in Boyett Estate Partition in the City of College Station and the J. E. Scott League, Brazos County, Texas, acco 'ding to plat thereof of record in Vol. 100 page 440 of the geed Records of Brazos County, Texas, appearing in the name of Mrs. Gladys B. iJlathews. For City of College 'tation Prepared November 6, 1945 By BRAZOS COUNTY ABSTRACT CO. INC. BRYAN, TEXAS /4470 / I- N -D -E -X Kindof Grantor Grantee Instrument Book Page Record Abst. Page Title Page 1 Index 2 John F. Grant Lbr. Co. VS W. E. Higgins ...Judg....4....252...Jadg 3 W. A. Boyett et al Mrs. Gladys B. £iathews..Deed..107..603..Deed 4 Tax certificate from the A. & M. Consolidated School District '7 Tax certificate from city of College Station 8 Tax certificate from Tax Assessor Collector of Brazos County 9 Abstracter's Certificate , 10 JOHN F. GRANT LU1LB .R COMPNY VS E. HIGGINs THE STATE OF TEXAS: COUNTY OF HARRIS: INSTRUIVNT: Judgment DATED: May 4, 1935 FILED: May 8, 1935 RECORDED: Vol. 4 page 252 JUDGMENT RECORD, BRAZOS COUNTY TEXAS. In the county Court at Law No. 2, of Harris County, Texas, April Term 1935. John F. Grant Lumber Company, Plaintiff in Judgment. VS W. E. Higgins, Defendant in Judgment Name of Plaintiff in the Judgment, John F. Grant Lumber Company, a Corporation. Name of Defendant in the Judgment, W. . Higgins Date of Judgment, April 4, 1935, Amount of Judgment s;p656.15 Amount of Costs 0.70, at rate of interest 10%, Amount of Credits, None , remount Lue, Principal, interest, and costs. I, Henry M. Dudley Clerk of the County Court at Law No. 2 Harris County, Texas, do hereby certify that the above and foregoing is a true and correct abstract of Judgment rendered in said Court, at the April Term, 1935, in case No. 38,045, in favor of John F. Gramt Lumber Co. Plaintiff in Judgment vs VII. E. Higgins, defendant in Judgment, as appears from the minutes of said court of Volume "E" on page 384. Witness my hand and seal of said court, at office at Houston Texas, the 4th day of May 1935, Henry M. Ludley Clerk County Court at law of Harris County, Texas. . A. .t3::YeTT, et al 3TRULENT : DE2D Te "ii141:w RECCRD2D: VOL. 107, pz. 603 E. 1:-.fH271 DEED R:ZOORD, B.03 T.H2: :3TATE 02 LNOW ALL . 1 . .EN BY THE8E PR2SENT3: j, '1 OF BRAT:;03 That , •e, tt, C. . zoyett, H. K. Boyett Cran TY. Boyett, =lily F. Boyett, ---lton P. boyett, Mrs. Bc-tha B. Cox and :usband, :ade Co_ :, -rs. Ina B. Hi'in _nl husband, •,. E. (the grantors ith th -rant? herein - :11 of the heirs of J. j. 2o yeti rs. _ . joyett, deceased) of the County of '3ra-o itate of Texas for and in consider- ation of t su 1 of , ne and , 2 , o/100 Dollars to './8 in hn1. by -rD. G1dys B. -ethe,s, out of her c funds as follows: Cash the receipt off is --Lnd for the , urp- ( If r b tj in c tain lc_ms deecribed in to the varioui heir-, of the C. Boyett state, by exch_tn of ueed,' rLIon, all of said heirs; ;r _ola al cony 'Inc by those Presents do - rant, sell -Jae convey, into the sal 'rs. Gladys or her _;e 3 estate of the jounty of us, ,'ete. of ell 'those certain tracts or p're31e of 1.n_, lyia and bind: vitiated n the J. . -cott eaue, abstract o. 50, 3razoe L;ount. , 2exas, and described as follE,s: Lots , os. 3, 11, and uf Block Lo. 11; Lots ,;os. 4 and 11 of Block 4; EY :. BCY2T2 2.2CORDED 1- VCL:C.:2 r" CT the Deed Records of Bra- antyrr_s. Lot 21 of Blcok 1, above desc- ribed is also a part (.f Lot 19, Block 1 of d. J. 3oyett subdivision, plat of 'Ihich is of record in Volume 38, DC ;6 614, of the _Dna:Los County, Deed - cords. All buildings erected on said lot shall face university .: of A. -)oyett subdivision, an(' the front buildin line of all buildin8s of saic lot shall be parallel to Unisversity jtreet. Ho buiLAn etructure of =1 kind shall be erected on said lot it1tixi nineteen feet of :_niversity Jt. line end all buildings on said lot shall •be of brick, stone, hollow tile, or hollow tile and stucco con- struction. Heir,' and as:ie2ns forovec and ee do hereby bind ourselves, our heirs, -3x cutors and adrainistrators to - arrant an Forever jofend, all lrIC singul:-.r the STATE OF TEAAS : A. and M. CONSOLIDATED INDEPE.JDriTT SCHOOL DISTRICT: I, W. D. Bunting, tax assessor - collector of the A. and M. Consolidated School District, hereby certify that all taxes on the real estate described hereinafter in the A. and M. Consol- idated Independent School District of College Station, Texas, have been paid to, and including the year 1944 DESCRIPTION OF PROPERTY Lot 3, Block 11, Boyett Addition I further certify that there are now no delinquent school taxes on the above descried property. WITiL.SS MY HAND OF OFFICE officially at Co11egn Station, Texas, this T (a.tTIFICATE 5t`: d.a of Lovember, 1945 Signed 40.. 4 TAX ASSESSOR AND COLLECTOR o A. and M. CONSOLIDATED INDEPE1JDENT SCHOOL DISTRICT By TAX CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS College Station, Texas, 11/5/ 1946 I, Tax Assessor - Collector for the City of College Station, Texas, hereby certify that I have made a careful check of the delinquent tax rolls in use in my office, and did not find a record of any delinquent taxes against the .f.olloNing described property, up to and including the year 1945, except for the years 19 Amount Delinquent $ Current $ Total $ Lot or Block Addition Abst. or acres or survey 4 4 W. C.Boyet# Estate * C. pnyfott FRtate Rendered in the name of Mrs. Glad$oXe#; Mat By for the year 1946 . This certificate is issued as a courtesy, without charge; no guaranty is made against errors. The person, company or corporation relying hereon takes the risk of any errors. Our delinquent rolls are public records, open to any tax payer or Abstract and Title Company who wishes to check them. Tax Assessor - Collector, City of College Station, Texas *The school taxes on the above property harebeen paid for 1945. For certificate on previous years, contact A. & M. Consolidated School. TAX CERTIFICATE STATE OF TEXAS County of Brazos Bryan, Texas, I, I. M. Weedon, Tax Assessor 'Collector for Brazos County, Texas, hereby certify that I have made a careful check of the delinquent tax rolls in use in my office, and did not find a record of any delinquent taxes against the following described property, up to and including the year 19 _ 4 ,&x Amount Delinquent S Lot or Block Addition Abet. or acres or survey 3 11 iurs. Gladys B. ME thews for the year 19 4 5 . This certificate is issued as a courtesy, without charge; no guaranty is made against errors. The person, company or corporation relying here- on takes the risk of any errors. Rendered in the name of Our delinquent rolls are public records, open to any tax payer or Ab- stract and Title Company who wishes to check them. T _ r, _ .,ARrinn Tax Assessor- Collector, Brazos County, Texas By Nov. 6, 19 45 Current $ Total Bovett Fart. Deputy TH'i2 TILT OF COUNTY OF BI \ ;O::� the said pre _ises unto the said :: "rs. Gladys B. athews her hairs an c: aesi ;ns, a . ainst every person whc...soe- ever lawfully claiming, or to claim the same, or any mart thereof. fitness our hands at -)ryan, '1.'es;.ae , this 31st dlx.y of - _- e 1?38. TH Z OF T .E A3 COUNTY OF BR u�Q (>3.AL) W. -• Boyett C. Boyett Oran H. Boyett -rs. Bertha B. Cox Wade Cox =rs . Isla B. Jigg= ins Alton r. Boyett Guy F. Boyett Boyett W. Higsins B FORE 12, the undersigned, a notary ublic in and for said Oounty, and estate, on this day_erson- ally a- eared ; `I. Boyett, Li. I. Boyett, N. L. Boyett, Oran H. Boyett, Guy F. Doyett, Alton P. Boyett and dare Cox known to me to be the persons . ose names are subscribed to the foregoing instru- ment, and ackno- v1:ded to me t:.at they executed the tame for th ; nruposes and consideration therein expressed. Given under ray hand and seal of office this the 1st day of 3eoterrber .t. D. 1938. 1. B. Barron Notary Public in and for (32L) Brazos County, Texas i322FC:;:i 1_2, the undersigned, a Notary Public in end for said County and State, on this day person- ally ae eared T:rs. ertha B. ,, ox, wife of ..fade Cox known to me to be tike person , ,vhose name is subscribed to the f ore"oin<; instrument, and having been examined by me privily ancr apart from her husband, and hav- ing the same fully explained to her, she, the said Lrs. bertha B. Cox, ackno:vledgec such instrument to be her act and Deed, ane she declared that she had villinaly signed the sc:.nie for the purposes and con - sideration therein expressed, and that she did not ish to retract it. Given under niy hand and seal of office this the 1st day of Se A. D. 1938. W. 3. Barron Notary rublic in and fof Brazos County, --exas TE SI22 S OF " COUYTY OF 3:C3 B FCT? 1 the undersigned, a 60tary 2Qblic in . and for said Qounty and =tale, on thid day personally a —eared /. T. »J /gins, and Urs. Ina B. Biggins, his life, both 26og£ to se to be the persons ,hose nerds are subscribed to the torepoi£/ instrument, and .oknc9\e'e:i to me that they each executed the Sarre for z :arouses an consideration therein ex'r:ese , 2&2 the sai? 225. ima B. Hi/ /ins wife cf bi said ! 2i22ins iaviny ben examined by 2e pribily 2 Srrrt froc her husband and havin tb / S »G3 Jell/ : r1 i&e4 to her, she, the said yea. ISC 2 2i. -ins, «ckno1adyad such inst£u nt to be § «r ° ct -nd deed, , n0 C3c1 r d that oh3 had ci11inG- Ly «i »a36 thJ sa:i or tha pur poses and consideration Lh ri in ?x resed, and that she did not fish to 9:t«:at it. Given under my hand and seal of office this the 1st day of „)e /t,, 2. L. 1958. 3 ) J. 3. Barron .utary Public in and for. Brazos County, Texas. G C- E- R- T- I- F- I- C -A -T -E THE STATE OF TEXAS: COUNTY OF BRAZOS: THE BRAZOS COUNTY ABSTR CT COMPANY INC., hereby certifies that the above and foregoing Complementary Abstract of Title, Complementing Abstract No. 190 complied by The i1c6wain Abstract Company, contains true and correct copies of each and every instrument filed and recorded in the offices of the Clerk of the District court and the County Clerk of Brazos County, Texas, affecting title to the property described on the caption hereof. WE FURTHER CERTIFY that the herein abstracted property lies wholly within Brazos County, Texas, and that t-is Complementary Abstract of Title contains 10 pages. JE DO NOT CERTIFY AS TO TAXES, but show at page 7 hereof a tax certificate from A. & M. Consolidated 'chool District, at page 8 hereof, a tax certificate from the City of College tation, and at page 9 hereof, a tax certificate from the Tax Assessor Collector of Brazos County, Texas. WITNESS OUR HAND AND CORPORATE SEAL at Bryan, Texas, this the 6th day of November A. D. 1945 at 9 o'clock A. M. BRALLS COUNTY ABSTACT COMPANY INC. BY: (SEAL) Secretary- Treasurer *faft oaf glexas QInutttg of Brazos That of the County of Bexar of the sum of we, Gladys Boyett Mathews and husband, Frank H. Mathews, Six Hundred and No /100 ( 600.00) to us paid, a -Ud lid : '13}12d, by Knsw Alt itett tig Qtbese tiresents: State of Texas The City of College Station, Texas, a municipal corporation, as follows: All in cash, the receipt of which is hereby acknowledged; for and in consideration have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said City of College Station, Texas, of the County of Brazos State of Texas all that certain tract or parcel of land being Lot Three (3), Block Eleven (11), of the W. C. Boyett Estate Partition, a plat of which is recorded in Volume 100, page 440, of the Deed Records of Brazos County, Texas, being a subdivision in the J. E. Scott League, Brazos County, Texas. DOLLARS 1161 Single and Wife's Separ4te Ack. M rs. Bertha B¢yettc Cox City of Col]1ege Station � Q Lrl_ 6 THE DORSEY COMPANY.DALLAS.TEXAS, PUBLISHERS OF TEXAS LEGAL BLANKS. This Deed skouZdae immediat4Bled wiz the away 67,tdeforReeetr4 Public Brazos a widow, /� M rs. Bertha Boyett= C ox �v�/ O4 f /tdell/ s dub '9ed,k e/ ;yo zikem, h//n,e,& , 4ez�7/ i i / i , , , ira . %I/w?m ri, 4m K a4( 4 r e f,9 July , Notary Public in and for Brazos County, Texas r ef/01w iime , i ,b ,,4 i, eAvi tided ,w-S,e0a41//azi //A/wile /44 ie '�Wa�°1 WWW ,��17P/�� ,dGine , /,Q ~A 4 //e/menflaged,weddeaWee, ,49,9 [L Ol?/� / %�>lZP/ [L.s] Brazos A i/MWAATW/11, l!/1� P%2�!CCr'c 07C,G G� 11/// / /,(/!?/i27,���?y /� / �OTJ/iG1 4 4,77r , 1 3 ,e4;and ,2 ;‘)%oPleik AV00, the undersigned, a Notary e. sy / �Q !, %l i/lra/ e1~4,, ZW4gi/ / , 4 6 eY e .: . <:. p y e/?ea, ,t2n//eme/* ii-k/a/we't ArAe° 11t11- NAK1tAN1Y DEED- Single and Wife's Separate Aek. ? Brazos C%Ze I, Mrs. Bertha Boyett s Cox, a widow, 9ve r- ,Gra4,C Be:xar 6siss. THE DORSEY COMPANY, DALLAS,TEXAS, MANUFACTURING STATIONERS. CLASS 4 a ,c44 Texas a SIX HUNDRED ($600.00) A.G me . �e the C ity of College Station, Brazos County, Texas, a -- municipal corporation, the receipt of which is hereby acknowledged due &Intik ap artli Euth vpb,d, ‘efrie (rttnt,Srll mar Ginn, , d Grantee 4V4 !/Z , l, i Brazos Texas ,A ,e,l, i�Ci, tract or parcel of land lying and being situated in Brazos County, Texas, a part of the J. E. Scott Survey Abstract No. S0, being Lot No. Twenty one (21), Block No. Eleven (11),, of the W. C. Boyetto Estate Partition, a plat of which is of record in Volume 100, page 44u, of the Deed Records of Brazos County, Texas, to which reference is here made in aid of de- scription, and being the same real estate described in deed dated August, 31, 1938, from W. A. Boyett , et al, to Mrs. Bertha Boyetto Cox of record in Volume 100, page 347, of the Deed Records of Brazos County, Texas. (�a ITtttrrandt0lTnlbaia,e,,edr/t,de ivaedaeaw�� 0,114a�r�i elaiir ed, ; ; ; „� �ad�,� Grantee, its s . I ,4 4 d myself, my Are a / / ///// -b arrant anI f arritpr pfrnb,y00G%f Grantee, its suc ,- s sors s:, ,J /,ate fred yk/l�f���i.'!d®?/P/yi e��G n(27y; dJk )/ ?i,�� i�1 Pi, dYicZ�e 7 16 y / rA ,ar Bryan, Texas , 3rd ; / July 4445 to Prepared BY BRAZOS COUNTY ABSTRACT COMPANY, INC. BRYAN, TEXAS /433 SUPPLEMENTAL ABSTRACT Or TITLE s (Supplementing Abstract of title No. 190 Bein Lot Twenty (20) and Lot Twenty One (21) in the W. g. Boyett Estate Partition according to the neap recorded in Vol. 100 page 441, Deed Records of Brazos County, Texas, appearing in the name of City of College Station. Prepared for City of College Station Fuly 18, 1945 .Grantor I -N -D- E -X Kind of Abst. Grantee Instrument Book Page Record Page Title page 1 I ndex ............. 2 The city National 13ank..Oran H. Boyett ....ael 16...608....Re1..l..... 3 Humble Oil & nef. Co....Oran H. Boyett .del 16...599 ..Rel....... 5 W. A. Boyett etal Tvlrs. Bertha B. Cox.Part Deed..100...347....Deed 7 Bertha M. Cox...VS.. Wade Cox Div 107...519....Deed. Guy F. Boyett W. J. Coulter W. J. Coulter Guy F. Boyett Guy F. Boyett City of College Station Deed 119...640....Deed 26 Mrs. Bertha B. Cox City of College Station Deed 120... 4....Deed 27 Tax certificate from Tax Hssessor Collector of College Station 29 Tax certificate from d & 4 Consolidated Independent School District 30 Tax certificate from Tax Assessor- Collector of Brazos County, Texas 31 W. C. Boyett Lstate Partition Map 32 Abstracter's Certificate 33 11 Aline Brogdon D/T 17... 74... D/T ., 13 Guy 2.Boyett Rel (Ex) ... 17...167....4W ,` 17 ;Bryan Build. & loan .Trans....116...71....Deed'. 19 A Brodgon D/T 20...143....D/T....... 20 TH + CITY NATIONAL BANK OF BRYAN TO ORAN H.. BOYETT INSTRUMENT: Rel.of Judgment DATED: October 17, 1941 FIL'D: November 26, 1941 RECORDED: Vol. 16 page 608 RELEASE RECORDS , B_RAZOS COUNTY TEXAS.. TH T STATE OF TEXAS I KNO'V ALL MEN BY TETRS E PR MSS ENTS : COUNTY OF BRAZOS 1 TH: _T WHyR2AS on October 25, 1933, in the District Court of Brazos County, Texas, in a certain cause styled The City National Bank of Bryan vs Oran H. Boyett numbered 12235, The iity National Bank of Bryan, a national banking corporation as plaintiff did recover of and from the said Oran H. Bo yett a judgment for the sum of y631.12 with interest thereon from October 5, 1931, until paid at the rata of eight (8) per cant per annum, together with the further sum of ten (10) per cent of the amount of principal and interest due and owing thereon as attorney's fees and all costs of suit, said judgment being duly recorded in Volume P page 115 Civil Minutes of the District Court of Brazos County, Texas, to which judgment and therecord thereof reference is here made an abstract of said judgment having been duly recorded in Volume 4, page 215 of the judgment records of Brazos County, Texas, to which abstract of Judgment and the record thereof, reference is here made and, WHEREAS, said The City National Bank of Bryan, is the present legal andaquitable owner and holder of said judgment; NOW TH,REFORE, The Oity National Bank of Bryan, a national banking corporation duly and legally incorporated, acting herein by John M. Lawrence, Jr. Vice President and Cashier of said Bank, he being duly authorized and empowered to act herein for said Bank, in consideration of the full and final payment, settle- ment and satisfaction of said judgment by Oran H. Boyett, the receipt of which is hereby expressly acknowledged and confessed does hereby fully, finally and forever release and discharge said judgment aforesaid and any and all abstracts of said judgment and any and all liens created by said judgment and/ or any and all abstracts of same unto the said Oran H. Boyett his heirs and assignsand so hereby declare the same fully, finally and forever satisfied and discharged. And said The City National Bank of Bryan does hereby direct the Clerk of the District Court of Brazos County, Texas, to mark said judgment on the records of said court as fully paid, satisfied and discharged. WITNESS the of Bryan, a 17th day of (Corporate seal) THE STATE OF TEXAS 1 COUNTY OF BRAZOS i signature and seal of said The City National Bank national banking corporation, in duplicate, this October A. D. 1941. THE CITY NATIONAL BANK OF BRYAN BY Jno. g. Lawrence Tr. Vice resident and Cashier BEFO r M2, the undersigned authority in and for said county and_state, on this day personally appeared John M. Lawrence Jr., Vice resident ?nd Cashier of The City National Bank of Bryan a national banking corporation known to me to be the personand officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of said corporation. GIV?N UNDER MY HAND AND SEAL OF OFFICE, this 17th day of October A. D. 1941. Sam C. Hoyle Jr., Notary Public (seal) Brazos County, Texas. HUMBLE OIL & REFINING COMPANY TO ORAN H.BOYETT STATE OF TEXAS COUNTY OF HARRIS i INSTRUMENT: Rel of Judgment DATED :October 31, 1941 FILED: November 26, 1941 RECORDID: Vol. 16 page 599 RELEASE RECORDS, BRAZOS COUNTY TEXAS. WHEREAS, ±REAS, on the 11 day of December 1933, the Humble. Oila & Refining Company recovered judgment against Oran H. Boyett in the Justice's Court, Precinct No. 1, Bexar County, Texas, for the principal sum of ($76.55) Seventy Six and 55/100 Dollars costs of court and providing for interest on the principal amount of said judgment at the rate of six per cent (6 %) per annum, which said judgment is of record in Book 4 page 227, of the Abstractof Judgment Records of Brazos County Texas, to which reference is here now made for all purposes, and, WHEREAS, the full amount of said judgment, together with interest and costs, has this day been paid to the Humble Oil & Refining Company; NOW THEREFORE, KNOW ALL M 'N BY THESE PRESENTS: : That the Humble Oil & Refining Company in consideration of the payment and discharge of the full amount due on said judgment, has released, and by these presents does release unto the said Oran H. Boyett, the said judgment and lien created by the filing and recording of same. EXECUTED at Houston, Texas, this the 31st day of October A. D. 1941. (seal) Attest: Dorothy C. Ratliff Asst. - Secretary Humble Oil & Refining Company By: Hines H. Baker Vice resident THE STATE 0 F TEAS I COUNTY OF HARRIS I BEFORE ME, the undersigned authority, on this day personally appeared Hines H. Baker, known to me to be the persons whose name is subscribed to the foregoing instrument as Vice President, of Humble Oil & Refining Company, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the 31st day of October A. D. 1941. (seal) Grace Dustin (Grace Dustin) Notary Public in and for Harris County, Texas. 6 W.A BOTETT, ET AL TO MRS. BERTHA B. COX THT 3T%.TE OF T2XAS: ******** INSTRUMENT: Partition Deed DATED: August, 31, 1938 FILED: Sane 29, 1939 Re0ORDED: Vol. 100,pg.347 DD RYCORD,BRAZOS ODUNTY,TX. _ MOW ALL WEN ST PRESENTS: COUNTY OF BRA That we, W.A„ Bpyett, C.E. Boyett, Oran H. Boyett, N.K. Boyett, Guy F. Boyett, Alton P. Boyett, Mrs. Ima B. Higgins and husband S.T, 11i;gins, Ers. Gladys B. Mathews and husband Frank Eathews, (the grantors herein and the grantee are all of the heirs of N.Q. Boyett and Mrs. Lillie M. Boyett, deceased); of the County of Brazos, State of Texas for and in oonsidera- tion, of the sure of One and No/100 Dollars to us in hand paid by Mrs, Bertha B. Cox wife of Wade Cox, out of her separate fun is and estate, as follows: Cash the receipt of which is hereby acknowledged and the further consider Lion is the partition among the heirs of certain lands of the W.C. Boyett Estate jointly cad by said heirs, by an exchane of deede., have granted, sold and conveyed, and by these presents do grant, sell and con- vey, unto the said Mrs. Bertha B. Cox, for her separate use, benefit and estate, of the County of Brazos, State or Texas, all those certain tracts or parcels of land lying and being situtated in the J.E. Scott League, Brazos County, Texas, and being described as follows: Lots 5, 13 and 21 of Block 11; Lots 7, 15 and 22 of Blook 12; Lot 9 of Block 13; Lots 2, 14, 19 and 27 of Block 14; Lot 5 of Block 16; Lot 6 of Block 10; Lots 3 and 14 of Block 5; Lots 3, 10, 17 and 25 of Blocks 6 and 7; Lot 9 of Block 4; Lot 3 of Block 20; Lot 2 of Block 21; Lot 33 of Block 22,; Lot 7 of Block 23; Lot 4 of Block 17; Lot 4 of Block 18; Lot 1 of Block 10; Lot 22 of Block 1; as shown by W.C.Boyett ?state Partition Map Recorded in Volume page of the Deed Records of Brazos Coenty, Texas. Lot No. 22 of Block 1, above described is also a part of Lot 19, Blook 1 of W.0, Boyett Subdivision, plat of whioh sub- division is of record in Volume 38, page 614 of the Brazos County Deed Records; All buildings erected on Lot No.22, Block 1, shall face University Street, of W.C. Bcyett subdivision, and no build- ings structure of an kind shall be erected on said Lot No. 22 of Block 1 within ninetten feet of University Street line and all buildings on said lot shall be of brick, stone, hollow title or hollow tile and stucco construction. Also, we hereby convey to Mrs. Bertha B. Cox all that certain tract or parcel of land lyin g and being situated in the J.E. Scott League, Brazos County, Texas, ard is a part of of Lot No. 8, Block 1 of W.C. Boyett Subdivision, according to plat of record in Vol, 38, page 614, of the Deed Records of Brazos County, Texas, and Beginning at a point 2.9 feet No. 45 3. from the S. corner of Lot No. 8, in Block I, of said subdivision, being the east corner of a portion of said lot this conveyed to N. K. Boyett; TBENCE in a N.W. direction with the N.F. boundary line of the N.K, Boyett portions of said lot 174.89 feet to stake for corner on the S.F. side of University Street; THENCE in a N.F. direction with University Street 10.52 feet to stake for corner; THENO2 In a S.F. direction and parallel to the N. F. and S.W. boundary line of said lot a distance of 174.89 ft. to stake for corner on the Sulphur Springs road; TH7NCE S. 45 W. with N.W. side of Sulphur Springs road 10.52 feet to place of beginning, and is a portion of said lot fronting 10.52 feet on Sulphur Springs road and running back into said subdivieion 174.89 feet. It is specially agreed and understood that the N.P. boundary line of this portion of lot shall and most be 37i ft S. 45 "I from the N.F. line of said Lot No, 8 in Block 1 and the 2ast corner of this portion of said lot shall be 371 ft. S. 45 '1, from the 7. corner of said Lot No. 8, and the N. corner of said lot on University Street shall be 377T ft, from the N. corner of said lot No. 6. Also, we hereby convey to Mrs. Bertha B. Cox all that certain tract or parcel of land lying and being situated in the J.F. Scott League, Brazos County, Texas, and be1ri a part of a tract of land conveyed to W. C. Boyett by T. 0, Nunn, Sheriff by deed dated September 26,. 1892, and recorded in Vol. 11, wee 143 of the Brazos County, Texas Deed Records and BINNING at the S. cornet of a tract 35.8 ft. by 210.03 ft in said survey this day convyed by the heirs of W. G. Boyett to Mrs. Gladys B. Mathews on the west side of Sulphur Springs road; THSNOF in a N W. direction with ME:thews southwest boundary line 210.03 ft to east side of University street; THFN07 in a S.W. direction with the University street 35.8 ft to stake for corner; THENCE in a S.F. direction and parallel to the S.W. line of said Mathews lot 210.03 feet. to stake on west side of Sulphur Springs road; THENCE N. 45 F. with said lot to the place of beginning, and is a tract of land fronting 35.8 feet on Sulphur Springs road and running in a N.W. direction 210.03 feet TO HAT?: AND TO HOLD the above described premises, to- gether with all and sineular the rights and appurtenances thereto in anywise belonging unto the said Mrs. Bertha B. Cox, for h.er s(epe rate use, benefit and estate, her heirs, and assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to warrant and forever defend, all and singular the said premises unto the said Mrs., Bertha B. Cox, for her separate US 3 benefit and estate, her heirs and a ssigns, a. g,a ins t every person whomsoever lawfully cleieiting, or to claim the same, or any part thereof. Witnese our hands at Bryan, Texae, this 31st day of August, 1938. W.A. Boyett 0,2,Boyett Oran H. Boyett /Are. Gladys B. Mathews .K, Boyett Frank Llatb.ews W.F. Hig.ns tars« Lea B, Higgins Guy F. Boyett Alton P. Boyett THE STATif OF TEXAS' : CQUNTY OF BaAZOS : 13FFORF ME, the undersigned, a Notary Public in and for said County and state, on this day personally appeared W.A. Boyett, Oran B. Boyett, C.F. Boyett, Alton P. Boyett, N.K. Boyett, Guy )f, 13oyett, W.F. HigginS, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for tre purposes and consideration therein expressed. • Given under my hand end seal af office this the let day of September A.D. 193 8. Barroh, Notar- Public in and for (sAL) Brazos County, Texas. THE ST VI' e OF TFLA.3: COUNTY OF BRAZOS: BH'FOR:2 the undersIgned, a Notary eublio in and for said County anl State, on this day personally appeared Mrs. 1ma B. Higgins wife of 01.F. Higgins known to MO 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 Mrs. /ma B. Higgins acknowledged such instrument to be her act end deed, and she declared the t she had willingly signed the same for the pur- poses and consideration therein expressed, and that she did not wish to retract it. Given under my hand and $eal of officetb.is the let day of Sept. A.D. 1938 w,,S.13arron, Notary Public in and (S.E.eAL) for Brazos County, Texas. T112 STaTE OF KENTUCKY: 00 ',..141CY OF HARDIN • • BFFOiiR ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Frank Mathews and Mrs. Gladys B, Mathews, wife of the said Frank Mathews, both knoiAn to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they eaoh executed the same for the purposes and consideration therein expressed, and the said Mrs. Gladys B. Mathews, - Ale of the said Frank Mathews having bean ex- emined by me,privily and apart from her husband, and having the 3 att/13 fully ex!)lainad to her, she, the said Mrs. Gladys B. M acknooiledged the same for suca instrument to be her act and dead, and she declared that she had willingly ind the same for t1.13 purposes and consideration therein ezpreseed and that she did not wish to rettaat it. Given under my hand and seal of office this the 15 day of September, A.D. 1938, Notary Public, Hardin County Ky. My comf.lission expires Jan 3C' 1940. Clarence W. Bryant, Notary Public in and for Hardin County, Ky. BERTHA M. COX VS L. WADE COX BERTHA M. COX VS L. JADE COX INSTRUUIVIENT: Decree of Divorce DATED: September 22, 1941 FILED: September 29, 1941 RECORDED: Vol. 107 page 519 DEED RECORDS, BRAZOS COUNTY, TEXAS. IN THE DISTRICT CCURT OF BEXAR CO., 57th Tud. D.st. of Texas. No. F 2188 On this 22nd day of Islay 1941 came on to be heard the above styled and numbered cause, and came the plaintiff in person and by attorney and announced ready for trial. And it appearing to the court that the defendant had heretofore, by an instrument in writing, signed by him, and filed herein, duly waived the is and service of process herein upon him, and duly entered an appearance herein, and had agreed that this cause might, be tried at any day of any term of this court, after plaintiff's petition had been nn file for thirty full days. And it further appearing to the court, from an inspection of the record herein, and from the evidence that the plaintiff's petition has been on file in this court for thirty full days, and that plaintiff is an actual bona fide inhabitant of the State of Texas, for a period of more than twelve months next proceeding the filing of plaintiff's petition herein, and also has resided in Bexar County, for more than six months next proceding the filing of this suit, and no jury having been demanded by either of the parties hereot, the court proceeded to try said cause; and there- upon, all matters in controversy, as well of fact as of law, were submitted to the court, and the court having been heard the plead ings read, and the evidence and argument of counsel , is of opinion that the material facts alleged in the plaintiff's petition have been proven by full and satisfactory evidence, and that she, is entitled to a divorce from the defendant. It is therefore ordered, adjudged and decreed by the Court that the bonds of matrimony heretofore and now existing between the plaintiff Bertha M. and the defendant L. Wade Cox be and the same are hereby dissolved, and the said plaintiff is hereby divorced from the defendant. It is further ordered that the plaintiff pay all cost herein incurred or expended for all of which let execution issue. Approved Everett F. Johnson Judge Presiding 5 -22 -41 1 THE STATE OF TEXAS COUNTY OF BEXAR I I, Hart kcCormick, Clerk of the District Courts of Bexar County, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Original judgment and decree, rendered and entered in cause No. F -2188, wherein Bertha L. Cox is plaintiff, and L. Wade .aox is defendant; said Judgment and Decree having been had at the January - July Term A. D. 1941 of the 57th Judicial District Court in and for Bexar County, Texas, before the Honorable Everett F. Johnson Judge thereof presiding, as same appears of record on the Linutes of said Court, in Volume 21, at pages 495. dI NESS Hart McCormick Clerk of the District Courts of Bexar County, Texas, Given under my hand and the seal of said Court, at office in the City of San Antonio, this 22 day of September A. D. 1941. Hart McCormick Clerk District (se :nil) Court, Bexar County, Texas. By M. Urban Deputy. GUY F. BOYETT TO ALINE BROGEON THE STATE OF TEXAS COUNTY OF BRAZOS INSTRUMENT: DEED OF TRUST DATED: April 16, 1942 FILED: April 17, 1942 RECORDED: Vol. 17 page 74 DEED OF TRUST RECORDS, BRAZOS COUNTY, TEXAS. KNOW ALL MN BY THESE PRESENTS THAT THE UNDERSIGNED Guy F. Boyett of the County of Brazos, and State of Texas, in consideration of the debt and trust hereinafter mentioned, have granted, bargained, sold and conveyed, and by these presents do Grant bargain sell and convey unto Aline Brogdon Trustee, and to his successor or substitute in this trust, and to his and their assigns hereunder forever the following described property situated, lying and being in the county of Brazos and State of Texas, t owit: Out of W. C. Boyett Estate, Lot 4 and-Lot 20, Block 11, as shown of record of deed Records of Brazos County, Texas, in Volume 100 page 443. This property is no part of my homestead my homestead being situated in Block 1, Lot 13 of the W. C. Boyett Subdivision same being on the corner of Sulphurs Springs road and Boyett Street, College Station, Texas. TO HAVE AND TO HOLD the said described property, with all the rights members hereditarnents and appurtenances now, or hereafter at any time before the foreclosure hereof, in any wise apper- taining or belonging thereto unto the said Trustee, and to his successor or substitute hereunder and to his and their assigns forever. And the undersigned herebybind his heirs, executors, and administrators, to warrant and forever defend all and singular the said premises unto the said Trustee, his successors or substitute in this trust,' and to his or their assigns forever, against the lawful claim or claims of all persons whomsoever. THIS CONV_'YANCE is made in trust, however, to secure and enforce the payment of Guy F. Boyett promissory note of even date. herewith (hereinafter referred to as note), executed by the under- signed, payable to W. J. Coulter or order at Bryan, Texas, as follows: In the sum of $225.00 with interest thereon from April 16, 1942 until paid at the rate of 8 per centum per annum, said principal and interest payable Bryan, Texas, as it accrues at the office of W. J. Coulter. It is agreed that if default be made in the payment of any principal or interest on said note, or in the performance of the covenants or agreements herein contained, or any of them, then at the option of the legal holder of said note, the whole of the principal debt herein secured shall become due and payable, and may be collected by suit or by proceedings hereunder; and it is further agreed that if said indebtedness is not paid when due, and is placed in the hands of an attorney for collection, or if collected through the Probate Court, ten per cent additional on full amount thereof shall be added as attorney's fees. It is also agreed that this Deed of Trust covers any and all renewals of the above described indebtedness. NOW THEREFORE, if the said indebtedness be paid, both principal and interest, as the same becomes due and payable, and if the covenants and agreements herein contained be kept and performed then, and in that case only this conveyance shall become null and void, and the property herein conveyed shall become wholly clear of said debt, and these presents released in due form at the grantor's cost, otherwise to remain in full force and effect; but if default shall be made in the payment of said note, or any installment of interest thereon when the same shall become due or in cause of the breach of any of the agreements or covenants herein mentioned, then at the request of the legal holder of said note, the said Trustee, his successor or successors appointed hereunder, is hereby authorized and empowered to sell the land hereby conveyed, at public auction, to the highest bidder for cash, at the court house door of Bryan, Brazos County, T between the hours of ten o'clock A. M. and four o'clock P.M. on the first Tuesday in any month after having given notice of the time, place and manner of sale by posting written notices thereof at three public places in said county, one of which shall be at the court house door of said county, for three consecutive weeks prior to the day of sale, and it is hereby agreed that the said Trustee, or his successor, may sell said property, together or in lots or parcels, as to him shall seem expedient; and after said sale as aforesaid, shall execute and deliver to the purchaser or purchasers thereof, good and sufficient deed or deed in law to the property so sold, in fee simple, with the usual warranties, and shall receive the proceeds of said sale, and out of the same shall pay; First, all charges costs, and expenses of executing this trust including a fee of 5% to the Trustee on the total of the indebted- ness secured by this Deed of Trust; Second the note above described and all sums of money due or to become due hereunder, with interest as agreed; and Third shall renderthe overplus, if any, unto the undersigned herein, or legal representatives or assigns. THE UNDERSIGNED FURTHER COVENANT with said Trustee that Guy F. Boyett at all times, during the continuance of this trust, keep the buildings and improvements now, on, . or hereafter to be erected on, said premises insured against loss by fire and, tornado to the amount of $225.00 or to the extent insurance can be obtained thereon, in companies acceptable to and with loss payable to said Trustee, or his successors, for the benefit of the payee or the legal holder and owner of said note, and deliver the policies to said Trustee, or his successors, and to pay, before the same shall become delinquent, all taxes and assessments that may be levied or assessed against said premises or any part thereof. And it is especially agreed that if the undersigned shall fail to effect said insurance anddeliver such policies, as herein provided, or to pay such taxes, then the said insurance may be effected and said taxes may be paid by tie legal holder of said note, and sums soexpended shall be a demand obligation andbecome part of the debt hereby secured and shall draw interest at the rate of 8 per cent per annum from date so expended until paid, or at the option of the holder of the debt secured hereby, the entire Principal indebtedness may be declared due, and be collected in any manner provided in this instrument, or provided by law. IT IS FURTHER AGREED that, in the event of a foreclosure under the power granted hereby, the owner in possession of said prop rty, or any one claiming under him and in possession as tenant or other wise, shall thereupon become the tenant at will of the purchaser at such foreclosure sale, and should such tenant refuse to surrender possession of said property upon demand, the purchaser shall thereupon be entitled to institute and maintain the statutory action of forcible entry and - detainer, and procure a writ of possession thereunder. IT IS FURTH?R AGREED that in case of the death, resignation, removal or absence of said Trustee from the county of Brazos Texaq or his refusal or failure or inability to act, then the holder of said note, or any part thereof, shall be and he is hereby authorized to appoint a substitute in writing, who shall thereupon succeed to all the estate, rights, powers and trusts granted to the Trustee herein named. IT IS SPECIALLY AGREED that when as and if any accelerated maturity of any item secured by this instrument may be declared due under any term of this or any other paper evidencing the debt or any part thereof, that the maximum amount that can be collected for or on account of the debt shall be the principal amount thereof and interest accrued to the date of payment at not to exceed ten per cent per annum. That if any possible construction of any and all of the papers may seem to indicate any possibility of a different power given to the creditor or any authority to ask for, demand or receive any larger rate of interest the parties covenant that same is a mistake in calculation or wording which this clause is intended to override andcontrol. IT IS SPECIALLY AGREED that in case of anysale hereunder, all prerequisities to said sale shall be presumed to have been per- formed, and that in any conveyance given hereunder all state- ments of facts, or other recitals therein made, as to the non payment of mopey secured or as to the breach or non performance of any of the covenants herein set forth, or as the request of the Trustee to enforce this trust, or as to the proper and due appointment of any substitute Trustee, or as to the advertise- ment of sale, or time or place or manner of sale, or as to any other preliminary act or thing, shall be taken in all courts of law or equity as prima facie evidence that the facts so stated or recited are true. WITH 'SS my hand this 16 day of April A. D. 1942. Guy F. Boyett 10 ¢ state stamp affixed and duly cancelled THE S TATE OF TEXAS 1 COUNTY OF BRAZOS BEFORE ME, the undersigned authority in and for Brazos County, Texas, on this day personally appeared Guy F. Boyett known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER ' MY HAND AND SEAL OF OFFICE this 16 day of April A. D. 1942. F. L. Henderson Notary Public (SEAL) Brazos Co., Texas. /4 W. J. COULTER TO GUY F. BOYS TT THE STATE OF _TEXAS COUNTY OF BRAZOS ( INSTRUMENT: Release DATED: May 20, 1942 FILED: May 23, 1942 RECORDED: VOL. 17 page 167 RECORDED: RELEASE RECORDS, BRAZOS COUNTY, TEXAS. KNOT ALL Mi'N BY THESE PRESENTS: WHEREAS, on April 16, 1942, Guy F. Boyett executed a Dee d of Trust to Aline Brogdon Trustee for the benefit of W. T. Coulter, to secure a note in the sum of $225.00, of even date therewith, with interest from date at the rate of either per centum (8%) per annum, and to secure said note in said Deed of Trust conveyed Lot No. Four (4)and Lot No. Twenty (20) in Block No. Eleven of the W. C. Boyett Estate Partition in the city of College Station, Brazos County, Texas, as shown by the plat recorded in Volume 100 page 443,.., Deed Records of Brazos County, Texas; and WHEREAS on this day the said Guy F. Boyett has paid to me the sum of ONE HUNDRED AND N0 /100 DOLLARS 0100.00) I hereby release from said Deed of Trust Lien Lot No. Four (4) in Block No. Eleven (11) of the said W. C. Boyett Estate Partition in the City of College Station, Brazos County, Texas, unto the said Guy F. Boyett, his heirs and assigns, I being the legal owner and holder of aaid lien. BUT IT IS DISTINCTLY UNDERSTOOD that the lien is retained as to Lot No. TWENTY (20) in said Block Eleven (11) in the said W. C. Boyett Estate artitin in the city of College Station, Brazos County, Texas, until the balance of said note is paid, together with all interest thereon in full. WITNESS M Y HAND A T BRYAN, TEXAS, on this the 20 day of May A. D. 1942. W. J. Coulter THE STATE OF TEXAS COUNTY OF BRAZOS I BEFORE ME, the undersigned authority on this day personally appeared W. T. Coulter, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF O F4CE, this the 20 day of May A. D. 1942. NOTARY PUBLIC IN AND FOR BRAZOS (SEAL) COUNTY, TEXAS. F. L. Henderson (F. L. Henderson) all improvement thereon, or hereafter placed thereon, as well as all betterments or addition thereto, and all and singular the rights and appurtenances to the same belongin or in anywise incident or appertaining; Tract No. 5 Being Lot No. Twenty (20) in Block No. Eleven (11) out of the Partition of said W. C. Boyett Estate, according to the map thereof. ('among other real estate not material to caption.) This deed o J trust is given as a renewal and extension of a Deed of Trust dated April 4, 1939, in the original principal sum of , 0,500.00 and renewed on August 20, 1940, as shown by instrument recorded in Volume 11 page 159 release records of Brazos Coanty, Texas, and also a renewal and a note in the principal sum of v325.00 dated September 28, 1940, and des- cribed in the deed of trust to Aline Brogdon, Trustee for the benefit of said Association, and recorded in Volume 18 sage 182 Deed of Trust Records of said County, and as a renewal and extension of the balance due on notes executed by Guy F. Boyett and F. Davis to 'W. J. Coulter and secured by Deed of Trust recorded in Volume 17, page 74 and in Volume 15 page 327 deed of trust records of said county to which reference is here made for description the aggregate amount of said notes being the sum of v4,150.00 and the original liens are in no wise affected or impaired, but are in all things reserved. . jher.:as the said Guy G. Boyett is a member of said Association and owns one share of monthly reduction stock therein, said share is also pledged herein as security for this loan as shown by stock certificate issued to (him or her). It is agreed that third part 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 note, the Grantors expressly acknowledge that said liens are valid. TO HIVE AND TO HOLD unto him ( or her) the said trustee and to his (or her) successors and assigns forever, the above described propert» and premises, together with all and singular the rights and appurtenances thereto in any wise belonging, and the said grantors do hereby covenant with the said Trustee and his successors, that the indebtedness for :ihich this deed of trust is given as additional security is secured by a first and prior lien on the above described land and improvements, and will warrant and forever defend the title to the same or any part thereof unto the said Trustee his s ccessors and assigns, against the lawful claims and demands of all parnons. Any title to the lands herein des- cribed hereafter acquired by grantors or either of them or their assigns shall inure the benefits of this trust. for the better securing of the payment of said note grantors do hereby agree and bind themselves; (Items 1 to 10 inc-usive not copied) Third party may, without being required to do so, pay any such taxes or assessments, or take out andmaintain such insurance and all amounts so paid shall be payable immediately without deman, bear interest from the date when same were made 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 si further understood that this deed of trust is made for the securing and enforcement of the payment of any other indebtedness, whatsoever which the said grantors or any of them, may now or at any time hereafter owe or become 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 bidder of said indebtedness may incur 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 third party. It is expressly understood and agreed that any additional amounts advanced by third party in accordance with this paragraph may be deducted from any finds 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 option, and _proceeding to enforce its remedy under this trust. The amount and nature of such advances shall be fully established by the certificate of any trustee acting hereunder; ans such certificate shall be admissible as evidence of such payment. In event a part of the principal of the debt evidenced by said note is not secured by a lien upon said property payment on the crincipal thereof shall be applied first to the part not secured by lien until the same is fully paid. In Event the lien securing „a part of said debt does not cover all of the above described property, payments upon the debt secured by lien shall be ap_ lied 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 6HOULD grantors make prompt payment of said iddebtedness and all interest due thereon, and other sums secured by this deed of trust, as the same shall become due and payable, and strictly comply with all the conditions and requirements provided, then this conveyance shall become null and void, and of no further force or effect and shall be released at the cost and expense of E;rntors. But in case default is made in the payment of any installment of taxes and insurance herein provided for or in the payment o: any installment of principal and interest due on said note, and such default shall 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 executirn anddelivery of this instrument, that there is a defect in the title of grantors to said premises, or that there is a lien or incumbrance of any nature whatsoever on the same or a homestead claim set up to the same, adverse to this trust, and grantors shall not, on demand of third party 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 hap,ening of any such other contingencies, the whole amount of said indebtedness remaining unpaid, shall at the, option of third party or other holder of said indebtedness or any Tart thereof immediately mature and become payable and it shall thereon or at any time thereafter the same or any part thereof remaining unpaid be the duty oi' the Trustee herein, and of his successor substitute as hereinafter provided on the request of third party, or other holder of said indebtedness oz any part thereof, (which request is hereby presumed) to enforce this trust and after advertising the tine, place, and terms of the sale of all the above conveyed and described property for three consecutive weeks next before the day of sale, by posting or causing to be posted, written notices there of at three public places in each county where said real estate is situated one of which shall be at the court house door of eo h county, to sell the same in accordance 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, betweenthe 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 convey- ance to the 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 of all the expenses of advertising, sale and convey- ance, including a commission of ten per cent to himself; and then to third oaty, or other holder thereof, the full amount of :principal and interest due and unpaid on said indebtedness as herebefore set forth together with attorney's fees thereon as is provided in said note, rendering the balance of the purchase money, if any, to grantors, their heirs and assigns and said sale shall forever be a perpetual bar against grantors their heirs, assigns and all other persons claiming under any of the It is exp_aessly agreed that the recitals in the ¢onvenance to the purchaser shall be full evidence of the truth of th_ matters therein stated, and all prerequisities to said sale be presumed to have been performed, and said sale regular ly 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 anyt ing to the contrary contained herein or in said note, third party sahll have no power to collect from grantors interest on the amount loaned in excess of ten per W. J. COULTER TO BRYAN BUILDING AND LOAN ASSOCIATION INSTRUMENT: Transfer DATED: May 6, 1944 ti1LED: May 12, 1944 RECORDED: Vol. 116 page 71 DEED RECORDS, BRAZOS COUNTY, TEXAS. THE STATE OF TEXAS 1 COUNTY OF BRAZOS 1 WHEREAS, on April 16, 1942, Guy F. Boyett,of Brazos County, Texas executed and delivered a note to W. J. Coulter and payable to his order in the sum of x$225.00 with interest at the rate of eight per cent per annum,, and payable on or before one year after date, said note being secured bj a Deed of Trust of even date therewith to Aline Brogdon, Trustee for the benefit of the holder thereof, and constituting a lien on Lot No. Four (4) and Lot No. Twenty (20) all in Block no. Eleven (11) as shown by the partition of the W. C. Boyett Estate recorded in Volume 100 page 443, Deed Records of Brazos County, Texas; said deed of trust being duly recorded in Volume 7 page 74, Deed of Trust records of Brazos County, Texas, to which reference is here made; and WHEREAS, heretofore the said Lot No. Four (4) in Block No. Eleven (11) aforementioned has been released; NOW THEREFORE, I, W. J. Coulter, the legal owner and holder of said lien and note, for and in consideration of the sum of 410.00 and other good and sufficient oonsideration, do hereby transfer an4 assign said note and said lien to the Bryan Building and Loan Association, its successors and assigns, with the right to 'release said note and lien, and I hereby state that all credits to which said note is entitled to appear on the back thereof. This transfer is made without recourse on me. WITNESS MY hand at Bryan, Texas, this the 6th day of May A. D. 1944. W. J. Coulter THE STATE OF TEXAS 1 COUNTY OF BRAZOS ) BEFORE ME, the undersigned authority, on this day personally appeajed W. J. Coulter, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER my hand and seal of office this the 6th day of May A. D. 1944. (seal) Maggie Thompson (Maggie Thompson) Notary Public in and for Brazos County, Texas. GUY F. BOYETT TO BROGDON INSTRUIvi NT: Deed of Trust DATED: May 6, 1944 FILED: May 12, 1944 RECORDED: VOL. 20 PAGE 143 DEED OF TRUST RECORDS, BRAZOS o OUNTY , 'TEXAS THE STATE OF TEXAS' KNOW ALL MEN BY THESE PRESENTS: COUNTY 02 BRALOS I That we, Guy F. Boyett and wife Diary Boyett of the county of Brazos, and State of Texas, hereinafter called grantors, whether one or more, BEING JUSTLY INDEBTED TO BRYAN BUILDING AND LOAN A SOCIATION a corporation demiciled at Bryan, Brazos County, Texas, hereinafter called Third Party in the sum of FOUR THOUSAND ONE HUNDRED FIFTY AND N0 /100 DOLLARS evidenced by one certain promissory note of even date herewith, executed by gr-ntors 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 425.00 to be made by gr ntors to third na ty on the 10th day of each month herc:afta' until fully paid, said total monthly payment to be applied first to the payment of the sum of on the 10th day of each month hereafter into a "Taxes and insurance account" and the balance to be applied toward the payment of a monthly installment of 425.00 upon said note said installment to be applied first to the inter st due and then to principal all of said payments bein payable at the office of said Association in Bryan, Texas, all oast due principal and interest bearing interest from maturity thereof until paid at the rate of ten n,r cent her annum, and with ten ner cent additional as attorney's fees thereon in case same shall be placed in the hands of an attorney for collection, suit or establishment in any manner in any cou t, and providing for maturity on the entire balance then unpaid at the option of the holder in event of defaultfor more than two months in the nayment of any install- ment or of any monthly payment hereon,. THE PAYMENT OF WHICH NOTE ACCORDING TO ITS TERMS GRANTORS DESIRE TO ASSURE AND SECURE TO SAID THIRD PARTY, in consideration of the sum of Ten Dollars (,10.00) and of other good and valuable consideration in hand paid by aline Brogdon second part;', hereinafter, called Trustee the receipt of which is hereby acknowledged and confessed. HAVE GLINTED BARGAINED SOLD AND CONVEYED AND by these presents do grant bargain, sell alien convey and confirm unto the said Trustee, and also the substitute Trustee, as hereinafter provided all of the following described oronerty, together with cent per annum and payment of said maxium 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 impair any other security heretofore now or hereafter taken to sedure payment of the debt secured hereby. It is agreed that the liens securing said debt and any renewal or extension thereof and any power of sale which gray 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 from grantors to some other person, third party may renew and extend said note :pith said other person without notice to grantors and without impairing grantor's personal liability on said note. Grantors hereby assign to said Association any and all rents on the premises herein described and authorized said Association to take possession of said premises at any time there is any default on the part of grantors in the performance of any obligations herein imposed and to rent the same for the account of grantors and to deduct from such rents all costs of collection and administration and to apply the remainder of such rents on the debts 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 become the tenants at will of the purchaser at such foreclosure sale and shall became liable for and obligated to apy such purchaser a reasonable weekly rental therefor, and should such tenant refuse to surrender possession of such property upon demand the purchaser shall thereupon be entitled to maintain the statutory action of forcible detainer and procure a writ of execution 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 shall be, in any action of forcible detain er, prima facie 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 the absence or death of the Trustee herein named or his or her inability refusal Or failure:'tocect;ra successor and substitute racy be named, constituted and appointed by third party, or other holder, of said indebedness without other formality than an a)oointment and designation in writing; and this conveyance shall vest in him as trustee, the estate and title in all said premises and he shall there upon hold, possess, and execute all the title rights, powers, and duties here- in confered on said Trustee named, and ht conveyance to the purchaser shall be equally valid and ef_ective; And the right to appoint a successor or substitute Trustee shall exist as often and whenever from any of said causes, any Trustee, original or substitute can not or will not act. It is further expressly agreed that, in any event, third party is authorized at its option to appoint in writing a substitute Trustee to act instead of the Trustee named herein, and said Trustee shall suc.cee_ to all the rights, powers and duties here- in conferred on the trustee named herein. Executed this 6th day of Lay A. D. 1944, Guy F. Boyett Mary g. Boyett THE , TEXAS 111u 6T- TL OF COUNTY OF BRtZOS 1 BEFOrE ME, the undersigned authority on this day personally appeared Guy F'.. Boyett known to me to be the person whose name is subscribed to the foregoing instrument andacknowledged to me that he executed the same for the purposes and consideration therein e.pres:ed. Given under my hand and seal of office this the 2nd day of L,iay A. D. 1944. (seal) THE STATE OF TEXAS COUNTY OF BRAZOS I (seal) Winnie C. Colson (Minnie C. Colson Notary Public in and for Brazos County, Texas. BEFORE ME, the undersigned authority on this day per- sonally appeared Lary Boyett wife of Guy F. Boyett, known to me to be the person whose name is subscribed to the fore°oing instrument, and having been examined by me orivily and apart from her said husband, and having the same fully explained to her, she, the said Mary Boyett acknowledged said instrument to be her act and deed, and declared she had willingly signed, the sane for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office this the 2nd day of May 1944. Winnie C. Colson (VNintie C. Colson) Notary Public in and for Brazos County, Texas. GUY F. T30YETT TO CITY OF COLLEGE STATION THE STATE OF Ts XA S Q COUNTY OF BRAZOS Q (L.S.) INSTRUMENT: Deed DATED: July 2, 1945 FILED :' July 11, 1945 RECORDED: VOL. 119 Page 640 - DEED RECORDS OF BPA ZOS COUNTY TEXAS. KNOW ALL MEN BY THESE PRESENTS: That I, Guy F. Boyett of the County of Brazos, State of Texas, for and in consideration of the sum of Six hundred and No /100 DOLLARS to me, cash in hand paid, by and moving from the city of College Station, Brazos County, Texas, a municipal corporation, the receipt of which is hereby acknowledged as follows: HAVE CRANTED,SOLD AND CONVEYED, and by these presents do grant, Sell and Convey, unto the said City of College Station, a municipal corporation, in Brazos County, Texas, of the County of Brazos State of Texas, All that certain Lot Twenty (20) Block Eleven (11) in the W. C. Boyett Estate Partition, Brazos County, Texas, according to the map recorded in Vol. 100 page 441, Deed Recordsof Brazos County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and apprutenances thereto in :any- wise belonging unto the said City of College Station its successors and assigns forever and I do hereby bind myself,my heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said City of College Station, its successors and assigns against every person whom- soever lawfully claiming, or to claim the same or any part thereof. Witness my hand at College Station, Texas this 2nd day of July Guy F. Boyett THE S TAP E OF TEXAS 0 COUNTY OF BRAZOS Q BEFORE ME, the undersigned, a Notary Public in and for said county and.state, on this day personally appeared Guy F. Boyett known to me to be the person whose name is subscribed to the 'foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresed. Given under my hand and seal of office this the 2nd day of July A. D. 1J45. Florence Neelley Notary Public in and for Brazos County, Texas. MRS. BERTHA BOYETT COX TO CITY OF COLLEGE STATION THE STATE OF TEXAS INSTRUMENT: Deed DATED: July 3, 1945 FILED: Suly 11, 1945 RECORD{,D: Vol. 120page 4 DEED RECORDSBRAZOS COUNTY TEXAS. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS 0 That I, Mrs. Bertha Boyett Cox,a widow of the county of Bexar State of Texas, for and in consideration of the aim of Six Hundred ($600.00) Dollars to me in hand paid, by the City of College Station, Brazos County, Texas, a munici- pal corporation the receipt of which ishereby acknowledged have GRANTED SOLD AND CONVEYED and by these presents do grant sell and convey unto the said Grantee, of the County of Brazos State of Texas, All that certain tract or parcel of land lying and being oituated in Brazos County, Texas, a part of the J. E. Scott Survey, Abstract No. 50, being Lot No. Twenty one (21) Block No. Eleven (11) of the W. C. Boyett, Estate i'artition a plat of which is of record in Volume 100 page 440 of the Deed records of Brazos County, Texas, to which reference is here made in aid of description, and being the sane real estate described in deed dated August 31, 1938, from W. A. Boyett et al to Mrs. Bertha Boyett Cox of record in Volume 100 page 347 of the Deed Records of Brazos County, Texas. TO HAVE AND TO HOLD the above described premises, together with alland singular the rights andappurtenances thereto in anywise belonging unto the said grantee its successors and assigns forever, and I do here bind myself my heirs, executors, and administrators, to Tarrant and forever defend, all and singular the said premises, unto the said Grantee its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. Witness my hand at Bryan, Texas, this 3rd day of July A; D. 1945. Mrs. Bertha Boyett Cox THE STATE OF TEXAS Q COUNTY OF T3FA SOS BEFORE ME, the undersigned a Notary Public in and for Brazos County, Texas, on this day personally appeared Mrs. Bertha Boyett Cox,a widow,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this 5th day of July A. D. 1945. (L.S.) Florence Neelley Notary Public in and for Brazos County, Texas. �8 TAX CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS College Station, Texas, 7/3/ 19 45 I, Tax Assessor- Ccllector for the City of College Station, Texas, hereby certify that I have made a careful check of the delinquent tax rolls in use in my office, and did not find a record of any delinquent taxes against the following described property, up to and including the year 1944, except for the years 19 Amount Delinquent $ 1939 -44 Rendered in the name of Bertha B. Coz Current $ Total $ Lot or Block Addition Abet. or acres or survey All property .in the name of Bertha Boyett Cox in the years This certificate is issued as a courtesy, without charge; no guaranty is nude against errors. The person, company or corporation relying hereon takes the risk of any errors. Our delinquent rolls are public records, open to any tax payer or Abstract and Title Company who wishes to check them. Tax Assessor - Collector, City of College Station, Texas for the year 19 44 a 9 Texas, this TAX CERTIFICATE STATE OF TEXAS: A. and M. CONSOLIDATED INDEPENDENT SCHJOL DISTRICT: I, W. D. Bunting, tax assessor- collector of the A. and lid. Consolidated School District, hel-!lhv.cer.ti,fythat all taxes on the real estate described heref.,%after tit the A. and M. Conao2- idated Independent School District of College Station, Texas, have been paid to, and including the year 1944 DESCRIPTION OF PROPERTY other Lot 21 of block 11 in Boyett Addition and partition of W. 0. Boyett Estate. I further certify that there are now no delinquent school taxes on the above described property. WITiJSS NY HAIJD OF OFFICE officially at College Station, July 5 1945 Signed By • &), 1 .. TAX ASSESSOR AND COLLECTOR of A. and M. CONSOLIDATED INDEPENDENT SCHOOL DISTRICT 3� STATE OF TEXAS County of Brazos Bryan, Texas, July 3, 1945_ I, I. M. Weedon, Tax Assessor - Collector for Brazos County, Texas, hereby certify that I have made a careful check of the delinquent tax rolls in use in my office, and did not find a record of any delinquent taxes against the following described property, up to and including the year 19_4_, eXittf5d§COCid Amount Delinquent 35.8 Blk 8 Lot or Block Abst. 50 (1/3 int) or acres Lots 5,13,21 Blk. 11 7,22 12 L4,19,27 2,14 Rendered in the name rf TAX CERTIFICATE T otal $ Current $ Boyett Part. 1 Addition or survey Lots 3,10,17 B1K 9 J Raftha B. i2 B ADN,t), J. E. Scott ) b &`T W. C. Boyett 4 Partition, )Collsgs Station )Texas 18 ) Cox 1 for the year 19 _44_. This - certificate is issued as a courtesy, without charge; no guaranty is made against errors. The person, company or corporation relying here- on takes the risk of any errors. Our delinquent rolls are public records, open to any tax payer or Ab- stract and Title Company who wishes to check them. I. M. Wsedon Tax Assessor- Collector, Brazos County, Texas Deputy a( 147 56 147 5e 2 2007 . 1.),• 6 15 • I 5 /1516 4 I 17 3 I 18 2 I „ 19 • I . 20 FIRST / 7 4 „8 14. 15 41.3 •0 g 13 1 I 12 19 20 10 + 21 9 22 II • 16f I7 40 1 •f 18 r 8 /14 7 124 6 , 9 6 1 25 S f 10 5 1 26 4 /311 t 4 I 27 / 4 , 3 I 12 3 I 28 2 2 I 13 ° ' 2 I 29 z • 'JAI ) I „/ 14 J \ 1 4 30 LOUISE : / AVE. I, .I 12 / 11 41 12 ,,f ela „ e • , J• . 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(Mai SUM( TOIL ••10'i111.1 contains C E R T I F I C - A - T - E THE STATE; OF TEXAS COUNTY OF BRAZOS i THE BRAZOS COUNTY ABSTRACT COMPANY INC., hereby certifies that the above and foregoing supple- mental abstract of title contains true and correct copies of each and every instrument filed and recorded in the offices of the Clerk of the District Court and the Clerk of the County Court of Brazos County, Texas, affecting title to the property described on the caption hereof, since October 15, 1941. We further certify that the herein abstracted property lies wholly vithin the boundary of Brazos County, Texas, and _that `this Supplemental Abstract of title Thirty Three (33) pages. We do not certify as to taxes, but show at page 29 hereof a taxcertificate from the Tax -assessor Collector of the Cityof College Station, Texas, at page 30 hereof a tax certificate from the A. & M Consolidated Independent School District, and at page 31 hereof tax certificate from the Tax Assessor - Collector of Brazos County, Texas. . WITNESS OUR H ND AND CORPORATE SEAL at Htyran,' Texas, this the 18th day of July 1945, at 9.00 o''clock4.d BRAZOS COUNTY ABSTRACT COMA "' INC. BY: (seal) Secretary- Treasurer 3