HomeMy WebLinkAboutRoanschapel017. Oil & Gas Lease dated May 8. 1990, from Vernon F. Runnels to Ameritex Minerals,
Inc., recorded in Volume 1192, page 551, Official Records, Brazos County, Texas.
8. Oil & Gas Lease dated May 8, 1990, from H.L. Terry et al to Ameritex Minerals. Inc.,
recorded in Volume 1192, page 554, Official Records, Brazos County, Texas.
9. Oil & Gas Lease dated May 8, 1990, from L.E. Richey to Ameritex Minerals, Inc.,
recorded in Volume 1193, page 783, Official Records, Brazos County, Texas.
10. Oil & Gas Lease dated May 8, 1990, from Gene R. Mendel to Ameritex Minerals,
Inc., recorded in Volume 1194, page 209, Official Records, Brazos County, Texas.
11. Oil & Gas Lease dated June 6, 1990, from Eugenia W. Jones to Ameritex Minerals,
Inc„ recorded in Volume 1203, page 349, Official Records, Brazos County, Texas: as
amended in Volume 1245, page 510: and at Volume 1251, page 298, Official Records,
Brazos 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, his successors
and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to
{ WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee,
his successors and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof, subject, however, to the exceptions and encumbrances hereinabove set
forth.
Ad valorem taxes for the current year have been prorated as of the date of delivery of this
deed, and the Grantee by its acceptance hereof covenants and agrees to pay all ad valorem taxes
upon the property from and including taxes for the year 1994.
WITNESS my hand this the ' 7 day of May, 1994.
PEBBLE CREEK DEVELOPMENT
COMPANY
BY:
STATE OF TEXAS
COUNTY OF BRAZOS ,.
This instrument was acknowledged before me on the .. L1 day of May, 1994 by _.
� ct ;� Orrcid�2Y of PEBBLE CREEK DEVELOPMENT ,
COMPANV, a T xas corporation, on behalf of said corporation, in the capacity therein stated• 1
KARY C. MERSMANN
nary hbhc� Stw of Texas Notary P lic - State of Texas
My Commiujon Gpiin 05-1697
Vol 211_ �a,f 298 :.
W&n ty eked
RECOMNO PAM TOR BY: U TC%0M;DUKB 1.1dp)
553586 FILED
94 MAY 18 PM I: 25
46. L:,.5-
1 VAID$ COuN - , y c0:itrNOuSZ
INY' . TLXAI
WARRANTY DEED WITH VENDOR'S LIEN f V neru�
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF BRAZOS
DAVID B. HILL and CHARLOTTE R. HILL, of the County of Brazos, State of Texas,
GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable considerations, paid and secured to be paid by RUSSELL W. DUKE and
DOROTHY A. DUKE, whose address is 706 Herrick Ct. SuRarland.U. 77478
GRANTEES, as follows:
FIRST: The sum of TEN DOLLARS ($10.00) and other good and valuable consideration,
CASH, in hand paid, the receipt and sufficiency of which is hereby acknowledged.
SECOND: SEVENTY NINE THOUSAND TWO HUNDRED AND NO/100 Dollars
($79,200.00) CASH in hand paid, however, said sum is paid to Grantors by HOMESTEAD
SAVINGS ASSOCIATION OF TEXAS, hereinafter called Mortgagee, at the request of Grantees
and the receipt of same from said Mortgagee is hereby acknowledged, and at the request of the
Grantees herein, the Grantors retain a Vendor's Lien to secure Mortgagee in the repayment of
the following described note:
A note in the principal sum of SEVENTY NINE THOUSAND TWO HUNDRED AND
NO 1100 Dollars ($79,200.00) payable to the order of Mortgagee, said note being of even date
herewith executed by Grantees hereof and payable with interest at the rate of Seven and one -half
(7.5%) percent per annum in equal monthly installments of $553.78 each, principal and interest,
with the first installment being due and payable on or before the 1st day of July, 1994,
continuing regularly and at the same intervals thereafter until all sums of principal and interest
have been fully paid, said note providing for the payment of attorney's fees in the event of
default and also providing for accelerated maturity as set out therein.
And the Grantors herein transfer, assign, sell, and convey to said Mortgagee the Vendor's
Lien as well as the superior title retained herein and all the equities, rights, claims or privileges
which Grantors have or may have by reason of said Vendor's Lien. The above described note
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is additionally secured by a Deed of Trust of even date herewith executed by the Grantees herein
to William F. Phillips, Jr., Trustee, for the benefit of Mortgagee.
HAVE GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL
AND CONVEY unto the said RUSSELL W. DUKE and DOROTHY A. DUKE, all of the
following described real property, together with all of Grantors' improvements thereon, to-wit:
All of that certain lot or parcel of land, lying with an unplatted portion of College Park, an
addition to the City of College Station, Brazos County, Texas, according to the plat recorded in
Volume 38, Page 602 and being that same David B. Hill and wife, Charlotte R. Hill, called Lot
12. Block 2A, recorded in Volume 849, Page 602, Official Records of said County, and being
further described as follows:
BEGINNING at a found 46" iron rod in concrete for the intersection of the southeasterly
right -of -way line of 40' wide Old Jersey Street and the northeasterly
right -of -way line of variable width Ayrshire Street;
THENCE along said Old Jersey Street line the following calls:
N 37' 21'46" E a distance of 137.33' to a found tfi" iron rod in concrete;
N 36' 32'28" E a distance of 19.93' to a found 1/" iron rod in concrete;
THENCE S 39' 03'40" E a distance of 118.13' to a found �V iron rod in concrete;
THENCE S 39' 22'23" E a distance of 16.14' to a found �6" iron rod in concrete;
THENCE S 16' 38'03" E a distance of 136.05' to a found �i" iron rod in concrete;
THENCE along the northwesterly right -of -way line of variable width West Dexter Drive the
following calls:
S 72' 20'14" W a distance of 100.95' to a found 3/8" iron rod;
N 71' 54'55" W a distance of 46.29' to a found'i" iron rod in concrete;
THENCE N 32' 02'30" W along said Ayrshire Street line, for the basis of bearings of this
survey, a distance of 148.23' to the POINT OF BEGINNING and containing 0.762 of an acre
of land more or less.
This conveyance is made subject to the following restrictions and exceptions:
1. Restrictions recorded in Volume 78, Page 490; Volume 107, Page 181; Volume
98, Page 579; Volume 81, Page 66 & Volume 133, Page 340 of the Deed Records of
Brazos County, Texas.
2. Blanket Easement dated January 19, 1928, executed by Southside Development
r Company to Community Natural Gas Company, and recorded in Volume 71, Page 497
of the Deed Records, Brazos County, Texas.
3. 25' Building Line on the south & northwest sides 7.5' Building Line on the cast
side; 15' Building Line in ordinance and 20' Building Line in restrictions on the
southwest side, Electric Line in the southwest comer to residence; as set out in
restrictions recorded in Volume 78, Page 490; Volume 107, Page 181; Volume 98, Page
579; Volume 81, Page 66 & Volume 133, Page 340 of the Deed Records of Brazos
County, Texas all as shown on survey prepared on May 4, 1994, under the supervision
of James W. MacArthur, R.P.S. #2089.
Warn-ry Deee with Vem- a L— .
... ............._�._...�_._�_. .__.... ,. ._._.-._ice «.: .,.�.. -- - ...»..
VOL 2� °aSE 300
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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 Grantees, their heirs and
assigns, forever, and Grantors do hereby bind themselves, their heirs and assigns, to WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said Grantees, their heirs
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, subject, however, to the exceptions and encumbrances hereinabove set forth.
But it is expressly agreed and stipulated that the Vendor's Lien, as well as the Superior
Title in and to the above described premises, is retained against the above described property,
premises and improvements until the above described note and all interest thereon are fully paid
according to the face, tenor, effect and reading thereof, when this Deed shall become absolute.
Ad valorem taxes for the current year have been prorated as of the date of delivery of this
deed, and the Grantees by their acceptance hereof covenant and agree to pay all ad valorem taxes
upon the property from and including taxes for the year 1994.
1 -
WITNESS our hands this the . day of May, 1994.
Q) _�D 6-�,vj-,�O
DAVID B. HILL
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CHARLOTTE R. HILL
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the i7 -k my of May, 1994 by
DAVID B. HILL and CHARLOTTE R. HILL.
j
Wwra y Dee/ wide Ves*es tee.
Notary is • State of Texas
VOL 21 1 1FA v 301
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Wwra y Dee/ wide Ves*es tee.
Notary is • State of Texas
VOL 21 1 1FA v 301
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1 GF11 940628— RUSSELL W. AND DOROTHY A. DUKE TO WILLIAM Y. PRILLIPB,JR. TRUSTEE FOR THE
BENEFIT OF HOMESTEAD SAVINGS ASSOCIATION
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
RECORDING FD BY UTC C O rf
O f
1. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due
D '
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
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2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay
Cfi MAv 19 PM 1
to Lender on the day monthly payments are due under the Note, until (he Note is paid in full, a sum ( "Funds ") equal to
one•twelrth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly
Ieawhold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly
"escrow
3FA OS COUNTY �OM
mortgage insurance premiums, if any. These items are called items." Lender may estimate the Funds due on the
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basis of current data and reasonable estimates of future escrow items.
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The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or
nlrur r
state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items.
Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless
Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and
Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law
(as.r. Abo" na. Lai. r.r R.c« A DON
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the
DEED U �F TRUST
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by
this Security Instrument.
THIS DEED OF TRUST ( "Secmity Instrument") is made oo May 17
! If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to
the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be,
1994 . The grantor is RUSSELL W. DUKE and wife, DOROTHY A. DUKE
( "Borrower'). The trustee is William F. Phillips. Jr.
at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the
amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall to Lender any
whose address is
pay
amount necessary to make up The deficiency in one or more payments as required by bender.
2553 Texas Ave. S., College Station, Brazos County, Texas
Upon payment in full of all sums secured by (his Security Instrument, Lender shall promptly refund to Borrower
("Trustee"). The beneficiary is HOMESTEAD SAVINGS ASSOCIATION OF TEXAS
any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later
which Is organized and existing under the laws of the State of Texas
than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
and whose address is 2553 Texas Ave. S. College Station, Brazos County, Texas
("Lender" ).
i application as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
Borrower Lender the sum of SEVENTY -NINE THOUSAND TWO HUNDRED AND NO/ 100 —
paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the .
owes principal
Dollar (U.S. S 79. 200.00 --- ---- -) This deb is evidenced by
Note, third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due.
4, Charges; [Jens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Borrower's note dated the same date a this Security tnstrumeot( Note'), which provides formaothlypsymc0b . with the full ' -•
Property which may attain priority over this Security Instrument, and Iwsehold payments or ground rents, if any.
debt, if not paid earlier, due and payable on June 1. 2024
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
This Sec Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the -
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
security of this Security Instrument: and (c) the performance of Borrower's covenants and agreements under this Security
receipts evidencing the payments.
Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale,
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
Brazos Count Texas:
the following described property located in y'
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good
faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to
All of that certain lot or parcel of land, lying within an unplatted portion of
prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an
COLLEGE PARK, an addition to the City of College Station, Brazos County, Texas.
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lien which may attain priority over this Security Instrument, Lender may Borrower a
according to the plat recorded in Volume 38, Page and being that same David
Lot 12, B Block 2A. recorded in Volume
give
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days
B. Hill and wife, Charlotte R. Hill, called .
v
of the giving of notice.
849, Page 602, Official Records of said County, and being further described in
5. Hazard insurance. Borrower shall keep he improvements now existin g or hereafter erected on the Property
0 P
EXHIBIT "A ", attached hereto and made a part hereof for all purposes.
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss Knot made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. if
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not Then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
- under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
which has the address of 600 Old Jersey College S�tasrition
6 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially
change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a Icaschold,
Taxis 77840 ("Property Address - x
Borrower shall comply with the provisions of the lease, and if Borrower acquires ("titl to the Property, the leasehold and
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f fee IitIc shall not merge unless Lender agrees to the merger in writing.
TOGETHER WITH all the Improvtments now or hereafter erected On the property, and all essern -13, rights.
rights and stock and all fixtures now Of i.
t 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
hereafter a of the All replacements and additions shall also be covered by this Security Instrument All of the :.
Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or
part property.
foregoing is referred to in this Security Instrument as the "Property."
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights
in the Property. Lender's actions may include paying any sums secured by a lien which has priority over This Security
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to gent
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower wamnis
and will defend generally the title to the Property against all claims and demands subject to any encumbrances of record
( Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
THIS SFCURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these smounti shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
limited variations by jurisdiction to constitute a uniform security instrument covering rest property.
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requesting payment.
TEXAS —stet. ram;ly— FNMA /rHLMC UNIFORM INSTRUMENT Fare, 3044 12/53 a
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If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument,
Borrower shall pay the premiums required to maintain the insurance In efed until such time as the requirement for the
Insurance terminates in accordance with Borrowers and Lender's written agreement or applicable law.
8, Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
9, Condemnation. The proceeds of any award or claim for damages, director consequential. in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by
the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude the exercise of any right or remedy.
I1. Successors and Assigns Bound; Joint and Several Liability; Co-signers, The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only 10 mortgage, grant and convey
that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
that Borrower's consent.
12. Loan Charges. If the loan stcured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of
rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option.
may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies
permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of
paragraph 17.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law asof the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys fees; and,(d) lakes such action as Lender may
reasonably require to assure that the lien of this &.curity Instrument, Lender's rights in the Property and B
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.
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11111311
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NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraphs 13 and 17
unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
default; IN a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured;
and (d) that failure to cure the defaull on or before the date specified In the notice will result in acceltration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to r
reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other
defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified in the notice, Lender
at its option may require immediate payment In full of all sums secured by this Security Instrument without further
demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
collect all expenses incurred In pursuing the remedies provided In this paragraph 19, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender or Trustee shall give notice of the time, place and terms of sale by
posting and recording the notice at least 21 days prior to sale as provided by applicable law. Lender shall mail a copy of the
notice of sale to Borrower In the manner prescribed by applicable law. Sale shall be made at public vendue between the
hours of 10 a.m. and 4 p.m. on the first Tuesday In any month. Borrower authorizes Trustee to sell the Property to the
highest bidder for cash In one or more parcels and in any order Trustee determines. Lender or its designee may purchase
the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying Indefeasible title to the Property with covenants of
general warranty. Borrower covenants and agrees to defend generally the purchaser's title to the Property against all
claims and demands. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale In the following order. (a) to all expenses of the sale, including, but not
limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess
to the person or persons legally entitled to it.
If the Property Is sold pursuant to this paragraph 19, Borrower or any person holding possession of the Property
through Borrower shall immediately surrender possession of the Property to the purchaser at that salt. If possession is not
surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession.
20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in
person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver
shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not
limited to, receiver's fees. premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by
this Security Instrument.
21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
22. Substitute Trustee. Lender, at its option and with or without cause, may from time to time remove Trustee and
appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance
of the Property, the successor trustee shall succeed to ail the title, power and duties conferred upon Trustee herein and by
applicable law.
23. Subrogation. Any of the proceeds of the Note used to lake up outstanding liens against all or any part of the
Property have been advanced by Lender at Borrower's request and upon Borrower's representation that such amounts are
due and are secured by valid liens against the Property. Lender shall be subrogated to any and all rights, superior titles,
liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said
liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment.
24. Partial invalidity. In the event any portion of the sums intended to be secured by this Security htstrument
cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured
hereby.
25. Waiver of Notice of Intention to Accelerate. Borrower waives the right to notice of intention to require
immediate payment in full of all sums secured by this Security Instrument except as provided in paragraph 19.
26. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. (Check applicablebox(es)]
[3 Adjustable Rate Rider 0 Condominium Rider 2 4 Family Rider
Graduated Payment Rider []Planned Unit Development Rider
Others) [specify) Addendum to Deed of Trust
27. Purchase Money; Vendor's Lien; Renewal and Extension. [Complete as appropriate) The indebtedness,
payment of which is hereby secured is in part payment of the purchase price of the
real property herein described, ana is also secured by a vendor s lien thereon retained
in deed of even date herewith to the undersiggnned and this Deed of Trust is given as
additional secur fo the p ayment of said indf! tedness
BY SIGNING BF.LOw, Borrowef accepts an agrees to the terms and covenants contained in this Security _
Instrument and in any rider(s) executed by Borrower and record with it. �y[
p.. !�oG ..:I(.i... .... ...................... ..(S eal)
RUS 'LL W. PUKE
.r..� ��.t.:c1G � x ..............(seal)
— Y A. ll E -- 9aroww
�1 KAE ;J C. G9cCARROLI
STATE OF TEXAS ; y N im
ols S t i le f Ta n
I COUNTY OF BRAZOS 1
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
RUSSELL W. DUKE and wife, DOROTHY A. DUKE knownto
me to be the p whose name(a) are subscribed to the foregoing instrument, and acknowledged
to me that t he y executed the same for the purposes and consideration therein expressed• /
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this if 7s'*day of Y 4
19 94 '.
1 .� .....
t x'3305
"wwyPbw VQL
ADDENDUM TO THE DEED OF TRUST FOR THE
BENEFIT OF HOMESTEAD SAVINGS ASSOCIATION OF TEXAS
27, So long as Homestead Savings Association of Texas, its successors or assigns other than those
hereinafter specified, Is the owner and holder of the liens and Indebtedness created or described herein, by
reason of this Instrument or by reassignment to Homestead Savings Association of Texas at a later date, the
following special conditions and agreements shall apply to the liens described herein and shall take
precedence over the above preceding applicable paragraphs, as well as applicable paragraphs set out in the
note of even date herewith; should such indebtedness and liens ever be sold, transferred, conveyed,or in any
manner assigned to the Federal Home Loan Mortgage Corporationn, Federal National Mortgage Association
or Government National Mortgage Association, the provisions under this paragraph and subparagraphs No.
27a thru 27c shall become null and void and all preceding paragraphs of the Deed of Trust shall continue in full
force and effect until the said indebtedness and any renewals thereof have been paid in full.
27.(a). DIVESTURE OF TITLE: Notwithstanding the provisions of paragraph 17 of the Deed of Trust, which
shall not be applicable, it shall constitute a default for which this Deed of Trust may be enforced if there shall be
a divestiture from Borrower, voluntarily or by operation of law, of title to all or any part of the Property. And
Lender shall not be required to release Borrower from the obligations of the Note and Deed of Trust in the
event of an assumption.
27.(b). OPTIONAL REINSTATEMENT: Notwithstanding the provisions of Paragraph 19 of the Deed of
Trust, the right of reinstatement subsequent to acceleration by the Lender of the sum secured by this Deed of
Trust shall be at the option of the Lender.
27.(c). RECEIPT OF INTEREST: In no event shall interest on the note be computed nor shall the Borrower
be obligated to pay interest at a rate in excess of the maximum legal rate. The loan evidenced by the note has
been made on the assumption that all scheduled payments will be made when due, and in the event of
accelerated maturity from any cause, or in the event of the collection of any late charges, any interest paid on
account of this loan in excess of the maximum lawful rate shall be refunded or considered for all purposes as
payment on principal.
EXECUTED this 17th day of May 19_14
+
RUS W. D UKE
ROTHY A. D E
THE STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, on this day personally appeared RUSSELL W. DUKE and vif e�
DOROTHY A . DUKE , known to me to be the person(s) whose name(s) is /are subscribed to the foregoing
Instrument, and acknowledged to me that—the V executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi 7"- 4WOf May 19 94
MSVI C. ASt:CAR30ll I V
retry Pnbt.c. S:aY al Tao N PUBLIC IN AND AOR
n. .• tdr Coaun:i ^::n Fsives
MOM
BRAZOS COUNTY, TEXAS
{ rSA-r
VOL 211 l -45 306
,a
I"
1•.
t
t -
1
ADJUSTABLE RATE LOAN RIDER
NOTICE THE SECURITY INSTRUMENT SECURES A NOTE WHICH ;
CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE
INTEREST RATE. INCREASES IN THE INTEREST
RATE WILL RESULT IN HIGHER PAYMENTS.
. DECREASES IN THE INTEREST RATE WILL
RESULT IN LOWER PAYMENTS.
t
€ This Rider is made on May 17, 1994, and is incorporated into and shall be deemed to amend and supplement
the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument) of the same date given by the
undersigned (the 'Borrower) to secure Borrower's Note to HOMESTEAD SAVINGS ASSOCIATION OF TEXAS (the
'Lender) of the same date (the 'Note) and covering the property described in the Security Instrument and located at:
1) 600 Old Jersey STreet, College Station, Brazos County, Texas
r:
r Modifications In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree as follows:
t A. INTEREST RATE AND MONTHLY PAYMENT CHANGES:
The Note has an 'Initial Interest Rate' of 7.50".. The Note interest rate may be Increased or decreased on the
1st day of the month beginning on July 1, 1997, and on that date of the month every thirty-six (36) months thereafter.
Changes in the interest rate are governed by changes in an interest rate index Called the 'Index . The Index Is
the:
(Check one to indicate Index.)
(1) 'National Average Contract Interest Rate for Major Lenders on the Purchase of Previously Occupied
Homes.*
( (2) .
(II more than one box is checked, or it no box is checked, and Lender and Borrower do not otherwise agree In
writing, the first Index named will apply.)
It the Index ceases to be made available by the publisher, or by any successor to the publisher, the Note Holder
will set the Note interest rate by using a comparable index.
(Check one to indicate whether there is any maximum limit on changes in the interest rate on each Change Date; Ii no
box is checked there will be no maximum limit on changes.):
(1) There is no maximum limit on changes in the interest rate at any Change Date
(2) X The interest rate cannot be changed by more than two (2) percentage points at any Change Date.
The maximum interest rate variation over the life of the loan is 5.00 percentage points over or under the initial rate.
If the interest rate changes, the amount of Borrower's monthly payments will change as provided in the Note.
Increases in the interest rate will result in higher payments. Decreases in the interest rate will result in lower payments.
s B. LOAN CHARGES
It could be that the loan secured by the Security Instrument is subject to a law which sets maximum loan charges
and that law is interpreted so that the interest or other loan charges collected or to be collected in connection with the loan
would exceed permitted limits. If this is the case, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limits; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed ,
under the Note or by making a direct payment to Borrower. g
C. PRIOR LIENS
If Lender determines that all or any part of the sums segued by this Security Instrument are subject to a lien which
{ has priority over this Security Instrument, Lender may send Borrower a notice identifying that lien. Borrower shall promptly
act with regard to that lien as provided in Paragraph 4 of the Security Instrument or shall promptly secure an agreement
in a form satisfactory to Lender subordinating that lien to this Security Instrument,
D. TRANSFER OF THE PROPERTY
R there is a transfer of the Property subject to Paragraph 17 of the Security Instrumnent, Lender may require:
.. , (1) an increase in the current Note interest rate, or (2) an increase in (or removal of) the limit on the amount of any one
interest rate change (t there is a limit), or (3) a change in the Base Index figure, or all of these, as a condition of Lenders
waiving the option to accelerate provided In Paragraph 17.
t By signing this, Borrower agrees to all of the above.
RUSSELL W. DUKE
+ ROTHY A. DU
vo 11 eac� 307 ''
Prepared by the State Bar of Texas "
rof fis b 1.
for uw by t a'wye l
To select the proper form, Jill in blank spaces, Ike out orm
NO TICE p
insert special terms constitutes the practice of law. No "standard form"
meet all requirements.
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF BRAZOS
That I, James Bobbitt,Baty, II
of the County of Brazos
KNOW ALL MEN BY THESE PRESENTS:
and State of Texas for and in'
consideration of the sum of TEN AND NO 1100 --- - - - - -
- - - - - - - - - - - - - - - - - - - - - - - -
DOLLARS
and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which
is hereby acknowledged, and the further consideration of the sum of Fifty - four Thousand
Nine Hundred and N01100 Dollars($54,900.00) CASH in hand paid,
HOWEVER, said sum of $54,900.00 is paid to James Bobbitt Baty, II
by First Bank and Trust, Bryan, Texas at the request of
Donald M. Boucher and wife, Beverly A. Boucher, and the receipt
of same from First Bank and Trust is hereby acknowledged, and
at the request of the Grantee herein, James Bobbitt Baty, II
retains a Vendor's Lien to secure First Bank and Trust in the
repayment of the following described note:
A note in the principal sum of $54,900.00 payable to
the order of First Bank and Trust, at its office in
Bryan, Texas, said note being of even date herewith
executed by Donald M. Boucher and wife, Beverly A.
Boucher and payable with interest at the rate of 15 1/2%
per annum, in equal monthly installments of interest
only in the amount of $700.00 each, with the first in-
stallment being due and payable on the 8th day of
October, 1981, and like installments being due and pay-
able on the 8th day of each succeeding month thereafter
until September 8th, 1982 when all sums of principal
and interest then remaining unpaid shall be due and
payable, said note providing for the payment of attorney's
fees in a sum equal to 10% of the amount due thereon
under the terms of a Deed of Trust which secures said
note, if placed in the hands of an attorney for collection,
said note also providing for accelerated maturity as
set out therein,
IAA �EC9RDfP 9 -/��L Y/
0'7 3 1 9
O'cloe
tP111981
IRAMIt 6 Wxl[
•tom � ttaser Ml�.
the payment of which note is secured by the vendor's lien herein regained, and is additionally secured by a deed
of trust of even date herewith to Lawrence. O' Lear ,
y Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
Donald M. Boucher and wife, Beverly A. Boucher
of the County of Brazos and State of Texas
all of the following described real
property in Brazos County, Texas, to -wit:
All that ertain lot, tract or parcel of land lying and being
situated �n Brazos County, Texas, and being Lot Twelve (12)
Block Two -A (2A), College Park Addition Resubdiv�sion, College
Station, Brazos County, Texas, and being parttof'a resubdivision
wAx
h1 E
'r ; 1. C f
.� ... - i 1. •'i..li is ,
of College Park Addition' according' to plat recorded'in
•Volume 38 page 602 Deed'Records, Brazos
County, Texas ,, an being t a e tract of land conveyed
to James B. Baty and to wife, Beryl Baty, by deed dated
September 12, 1953, and recorded in Volume 160, page 519
Deed Records, Brazos County, Texas. and by deed dated Sept -
i. ember 23, 1952, and recorded in Volume 156, page 132, Deed
Records, Brazos County, Texas said tracts being more parti-
cularly described in Exhibit A attached hereto and made a
part hereof.
This conveyance is sAj ct to the following "restrictions,and exceptions:
1.� Right of way Easement January 19,,.192$;,,executed by South-
side Development Company to Community Natural Gas Company,
recorded in Volume 71, page 497, Deed Records, Brazos
County, Texas.
2; All valid and subsisting easEments, restrictions, rights of
way, conditions, exceptions, reservations and covenants of
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 gtantecs their
heirs and assigns
forever; and he dod9 hereby bind, himself and his heirs, executors and administrators to
WARRANT AND FOREVER DEFEND all and singular .the. said .premises unto the said grantees their
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIE
IEN, as well as the Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
The said Vendor's Lien and superior title herein retained
are hereby transferred, assigned, sold and conveyed to
First Bank and Trust, Bryan; Texas, its successors and
assigns, the payee named in said note,,'
Ad valorem taxes for the current year have been prorated
as of the date of delivery of this deed and the Grantees
by their acceptance hereof covenant and agree to pay all
ad valorem taxes upon the property from including taxes
for the year.1981.
whatsoever nature of record, if any, and also to the zoning
laws and other restrictions, regulations, ordinances and
14_14 statutes of municipal or other governmental authorities
applicable to. and enforceable against the above described
,.,
lr
) 'EXECUTED this 8th day of September
A. D. 19 81
On
James Bobbitt Baty,. II
4
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